A veteran disability lawyer can assist you throughout the entire claims process. From gathering evidence of medical and other service to filing an appeal against the denial of your claim.
Choose a veteran disability attorney that is experienced in these cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you prove that the condition you have is a result of your military service. This is called a connection. There are various types of evidence you could prove the connection, including medical records, independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be 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 case and submit evidence that is backed up by independent experts.
It is much easier to prove a direct connection if injuries or illnesses occurred while you were in the military. For example, if you received a head injury during your time in service and you are suffering from concussions and headaches, there is a clear link between those events and the current condition you are suffering from.
However, it’s harder to get connected if you suffer from a pre-existing medical condition that grew worse during your time in the military. In order to prove that your time in service aggravated or made worse an existing illness, veterans disability lawyers you must supply expert medical evidence that reaches the level of “clear and undeniable” evidence.
Appealing a denied application
After filing an application and providing medical evidence The VA will review the case. It usually issues a ruling which either approves or denies benefits. If the decision isn’t favorable, the veteran has a year to file a complaint. A veteran’s disability attorney can assist the claimant through the three review options: the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans’ Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the military’s culture when choosing a New York veterans’ disability lawyer. This can make things easier for you to understand and reduce the need to explain your situations and experiences in layman’s.
You should also find a firm who will remain on your case for the entire multi-year appeals process. Beware of companies that will only assist you with the first stages 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, request an official hearing, and also represent you at any Board meetings to ensure your case is handled fairly. They can also help you win you benefits like cash compensations, aid or attendance benefits, education benefits, or even unemployment.
Achieving a Higher Rating
There may be a point when your disability gets worse or your symptoms become more difficult or wider. It makes sense in this case to request an increase in your rating. A veterans disability attorneys disability lawyer can assist you in this process, and they can help you dig up evidence to prove your claim.
It’s not unusual for the VA to make mistakes that result in an under-reported disability rating than you deserve. If they overlook an injury that you suffer from or overlook a problem that could be combined with other disabilities to receive a higher rating It’s a good idea to have a professional look over your records to find any mistakes.
Even the fact that it’s been more one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These can include a review of your entire file which can result in modifications to the effective date of your claim and the creation of a new rating that is more precise to your feelings.
If you believe you’re entitled to a rating of 100 percent or higher, it’s worth making a claim for supplemental benefits. A disability lawyer can help you create a compelling case for this rating, which is reserved only for the most serious disabilities. For instance, a mental health condition could be a reason to get an absolute disability rating because it can cause a significant interruption to work or periods of hospitalization. These don’t usually trigger this level of a rating for a cardiovascular disease or other medical problems.
Helping with the Appeals Process
Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits doesn’t mean that the person is in no position to claim benefits. Former service members have a year to appeal any decision that isn’t favorable.
A skilled veteran disability lawyer can help a veteran decide which of the three appeals routes is the best option for their situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an extra formal hearing before a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have a wealth of experience managing VA disability claims, and they know the rules and procedures inside out. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This creates an unique type of empathy, which can enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us today to set up your complimentary evaluation.