20 Things You Must Be Educated About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can help you through the entire claims process.

Select a veteran disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it is proven that your condition is related to your military service. This is known as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health assessments (IME), or an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). There are times when veterans have medically determined disabilities, but they cannot be considered service-connected due to incomplete or omitted documents. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and present evidence that is supported by independent experts.

It is easier to prove an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you were injured in the military and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.

It is harder to get service-connected if you had a pre-existing condition that worsened while you were in military service. To prove that your service aggravated or worsened a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and undisputed".

Appealing to a Denial

The VA will review your case after you have submitted your application and provided medical proof. The VA usually issues an approval or denial of benefits. If the decision is not favorable, the veteran has one year to make a formal complaint. A lawyer for veterans' disability can assist the claimant in navigating the three possible review options -- an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the culture of the armed services when selecting the New York veterans' disability lawyer. This can make it easier for you and decrease the need to explain your situations and experiences in layman's terms.

You'll want a firm that will handle your case throughout the lengthy appeals procedure. Beware of firms that help you with the initial phases of your claim and then vanish.

A seasoned New York veterans disability law firm' disability attorney can assist you through all phases of the claim including appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also assist you to claim benefits such as monetary compensation, aid and attendance, education benefits or unemployed benefits.

How do I obtain a higher rating

It is possible that your disability gets worse or your symptoms get more severe. In that situation it's sensible to request an increase in your rating. A lawyer for veterans disability law firm can assist in that process, and help you find evidence to justify your request.

It's not unusual to see the VA make mistakes, which can result in being awarded a lower rating than what you deserve. If they overlook an injury that you suffer from or ignore a condition that could be combined with other disabilities in order to get a higher rating it's important to have an expert look over your records to find any mistakes.

You are still able to file a higher-level claim and review if you've been rated for more than a calendar year. This involves a thorough review of your dossier and may result in changes to your effective date or an entirely new rating that's more accurate to what you feel.

If you believe you're entitled to a rating of 100 percent, or higher, it's worth seeking a supplemental claim. A disability lawyer can help you create a compelling argument for this type of rating, that is reserved for those with severe disabilities. For instance an illness that is mental could qualify you for 100% disability ratings because it can cause marked interference with employment or frequent periods of hospitalization that don't usually trigger this level of the rating for a heart condition or other medical problem.

Need help with the Appeals Process

Despite what some people may believe that denial of an appeal for disability by the VA isn't the end of an individual's ability to recover benefits. Former service members have one year to appeal the decision if it is not favorable.

An experienced lawyer for veterans can help a veteran decide which of the three appeals options is best for their case. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran a more formal hearing in front of a Veterans Law judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim deserves. They also have a lot of experience dealing with VA disability claims, and they know the rules and procedure in detail. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans face. This can create a special 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. Call us today to set up your complimentary evaluation.