Five Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal against an appeal denied.

Choose a veterans disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you prove that the condition you have is linked to your military service. This is referred to as a linkage. There are many types of evidence that you could demonstrate this connection, such as medical records and independent medical examinations (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by impartial experts.

It is simpler to prove direct service connection for injuries or illnesses that occurred while in the military. For instance, if you were hit in the head while serving and are now suffering headaches and concussions there is a clear connection between these events and your current condition.

It is harder to get connected to a service if you have an existing medical condition that was worsened while you were in military service. To prove that your time in the military caused or aggravated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".

Appealing a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. The VA usually issues an approval or denial of benefits. If the decision is deemed unfavorable the veteran has one year to submit a Notice of Disagreement. A veterans disability lawsuits disability lawyer can assist the claimant in navigating the three decision review options including an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer, be sure to consider whether they are familiar with your military experience and the military's culture. This will help you feel more comfortable and less demanding for you to describe your experiences and the circumstances in layman's terms.

You want a firm who will handle your case throughout the lengthy appeals process. Be wary of firms that only assist you with the initial stages of your case, and then vanish.

A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployability.

How do I obtain a higher rating

It may happen that your disability becomes worse or your symptoms become more severe. In this case it's sensible to seek an increase in your rating. A veterans disability lawyer can help with that process, and can help you dig up evidence to support your request.

It's not common for the VA to make mistakes that lead to an lower disability rating than you're entitled to. It's a good idea to hire an expert to examine your records for errors. They might have missed an injury or omitted an issue that could be combined with another condition to get an increase in rating.

You are still able to submit a higher-level claim or review if you've been given a rating for more than one calendar year. These can include a review of your entire file, which could result in modifications to your effective date and an updated rating that is more true to your feelings.

If you believe that you are entitled to a rating of 100 percent or higher, you should consider requesting a supplemental claim. A disability lawyer can assist you to build a strong case for this rating which is only available for the most debilitating of disabilities. A mental health problem such as depression, for instance, could qualify you for a 100% rating of disability because it can hinder employment or cause frequent hospitalizations which would not normally trigger this level for a cardiovascular problem or other medical issues.

Help with the Appeals Process

Contrary to what many believe the fact that an VA denial of disability benefits does not mean that a person has no chance of recovering benefits. Former veterans disability law firms have one year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current appeals routes is best for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their previous decision was not correct. They can even assist veterans with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention your claim requires. They also have a wealth of experience in dealing with VA disability claims and know the rules and procedures inside and out. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This creates an unique type of empathy that can make a difference in the outcome of a veterans disability case.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for free to determine if we can help you. Call us today to set up an evaluation for free.