9 Signs That You're The Veterans Disability Law Expert
A veteran disability lawyer can help you throughout the claims process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can help you through the entire claims process.
Select a veteran disability attorney that is experienced in these cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits only if you prove that the condition you are suffering from is connected to your military service. This is called a relationship. There are a variety of evidence you can prove the connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is backed by experts who are independent.
It is simpler to prove that there is a direct connection to your service for injuries or illnesses that you sustained while in the military. For instance, if you received a head injury during service and now suffer from concussions and headaches, there is a clear link between the events that led to your current condition.
It is harder to get connected to the military if you suffered from 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 undisputed».
Appealing an Denial
The VA will review your case after you have submitted your application and provided medical evidence. It usually issues a ruling that either approves or denies benefits. If the decision isn’t favorable, the veteran has one year to file a notice of disagreement. A disability attorney for veterans can guide the claimant through the three review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans’ Appeals.
Take note of whether the lawyer is familiar with your military experience and the military’s culture when choosing a New York veterans’ disability lawyer. This can make the process more enjoyable and reduce the need for you to explain your experiences and the circumstances in layman’s terms.
You want a firm who will take on your case throughout the lengthy appeals process. Beware of companies that will only assist you in the initial phases of your claim and then go away.
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, file an official hearing and represent you at any Board meetings to ensure that your case will be dealt with without prejudice. They can also assist you to claim benefits including monetary compensation, aid and attendance, educational benefits or unemployed benefits.
Receiving a Better Rating
There could be a point when your disability gets worse, or your symptoms get more complicated or broad. It is logical in this instance to seek a higher rating. A veterans disability lawyer can assist with this process, and they can help you dig up evidence to prove your claim.
It’s not uncommon to see the VA make mistakes, which can result in receiving a lower score than you deserve. If they miss an injury that you suffer from or ignore a condition which could be linked to other disabilities to earn higher ratings, it’s worth having an expert look over your records to identify any errors.
Even if it’s been more than one year since you made your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This includes a review of your entire file that could lead to changes to the effective date of your claim and a new rating more accurate to what you feel.
It’s also worth pursuing an additional claim or a more thorough review if you deserve a disability rating of 100 percent or more. A disability attorney can help you put together a compelling argument for this kind of rating, that is reserved for those with debilitating disabilities. For example the mental health issue could be a reason to get a 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that do not normally trigger such a rating for a cardiovascular disease or other medical issue.
Getting help with the Appeals Process
Contrary to what some may believe the denial of a disability claim by the VA isn’t the end of an individual’s chances to get benefits. Former service members have one year to appeal the decision if it is not favorable.
An experienced attorney for veterans can assist a vet in determining which of the three options for appeal would be the most appropriate for his particular situation. They can also help veterans disability lawsuit gather all the evidence required to convince a higher level reviewer that their previous decision was not correct. They can provide a veteran a more formal hearing in before an Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention that your claim needs. They are also likely to have a wealth of experience in dealing with VA disability claims and know the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This can create a special kind of empathy that can help improve the outcome of a veterans’ disability case.
Sullivan & Kehoe’s team of highly-trained lawyers can review your VA disability claims free of charge to determine if we are able to help you. Contact us today to arrange your complimentary evaluation.