20 Resources That'll Make You More Successful At Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can help you throughout the claims process.

Choose a veteran disability attorney who specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition you have is connected to your military service. This is referred to as relationship. There are many types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a an nexus note from current health care providers (especially in the cases of mental health issues). Sometimes, veterans have medically determined disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.

It is easier to prove a direct service connection when injuries or illnesses were sustained while serving in the military. If you've been injured while during your military service and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.

However, it's more difficult to get service connected if you suffer from a pre-existing medical condition that worsened during your time in the military. To prove that your service has aggravated or exacerbated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and irrefutable".

Appealing to a Denial

After filing an application and providing medical evidence The VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A disability attorney for veterans can assist the claimant through the three decision review options: an additional claim or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.

When selecting the right New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and the army's culture. This will make the process more enjoyable and less requiring you to explain your experience and situations in plain language.

You also want a firm that will continue to work on your case throughout the entire multi-year appeals process. Be wary of firms that assist you with the initial phases of your case and then disappear.

A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing and represent you at any Board meetings so that your case is handled without prejudice. They can also assist in obtaining you benefits, such as assistance, monetary compensations and attendance benefits, education benefits, or unemployability.

Getting a Higher Rating

It may happen that your disability becomes more severe or your symptoms become more severe. It makes sense in this situation to ask for a higher rating. A lawyer for veterans' disability can assist in that process, and can assist you in finding evidence to justify your request.

It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled. It's worth getting an expert to review your records for errors. They could have missed an injury or left out any issue that could have been coupled with another disability to receive a higher rating.

You are still able to submit a higher-level claim or review if you've been evaluated for more than a calendar year. These require a complete review of your file, and could result in an amendment to your effective date or a new rating that's more accurate to how you feel.

If you believe that you are entitled to an assessment of 100 percent, or higher, consider applying for a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most debilitating disabilities. A mental health issue like this one, for instance, may allow you to receive a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or other medical issues.

Getting help with the Appeals Process

Contrary to what some may believe the fact that a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. In fact, a former soldier can wait one year from date that their local veterans hospital or office mails them an unfavorable determination to file an appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three current ways to appeal is best for their case. They can also help veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was not right. They can even assist veterans with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have years of experience dealing with VA disability claims, and they know the rules and procedures inside and out. Some attorneys are veterans disability attorneys, so they know the challenges faced by disabled veterans. This can lead to a particular kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Contact us today for your free assessment.