oberlin veterans disability lawsuit Disability Lawyers
A veteran disability lawyer can assist you throughout the entire claims process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.
Choose a veteran disability lawyer that is solely handling these cases and knows the VA’s system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits only if you prove that the condition you have is linked to your military service. This is referred to as a nexus. You can use a variety of evidence to prove this connection. These include medical documents, independent health examinations (IME), or nexus letter from current health care providers (especially in the case of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but aren’t able to get connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is confirmed by experts who are impartial.
It is much easier to prove a direct connection when injuries or illnesses occurred during your time in the military. If you suffered injuries during your military service and now suffer from headaches and concussions, it’s much easier to establish a direct connection to the service.
It is harder to get connected to the military if you suffered from an existing condition that deteriorated while you were in military service. To prove that your time in service aggravated or made worse an existing medical condition it is necessary to provide expert medical evidence that is at the level of “clear and unmistakable” proof.
Appealing a denied application
The VA will review your application after you have submitted your application and provided medical proof. The VA will usually issue the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given a year to make a formal complaint. A disability lawyer for veterans can assist the claimant in navigating the three possible review options — the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans’ Appeals.
Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when selecting the New York veterans’ disability lawyer. This can help you feel more comfortable and reduce the need for you to describe your experiences and situations in layman’s terms.
You want a company that will take on your case throughout the multi-year appeals procedure. Beware of companies that will only help you with the initial stages of your case, and then vanish.
A seasoned New York veterans’ disability lawyer can assist you in all stages of the claim and appeals. They can help you submit more medical evidence, file an official hearing and represent you at any Board sessions to ensure that your case is handled in a fair and fair manner. They can also assist in obtaining you benefits, such as assistance, monetary compensations and attendance benefits, educational benefits, or even unemployment.
Earning a higher rating
It is possible that your disability gets worse or your symptoms get more severe. In that situation, it makes sense to request a higher rating. A veteran disability lawyer can assist you in this process and assist you to gather evidence to support your claim.
It’s not unusual for the VA make mistakes, which can result in receiving a lower score than you deserve. It’s worth contacting an expert to review your records for any errors. They may have missed an injury or neglected to mention an issue that could be in conjunction with another disability to earn a higher 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. This includes a review of your entire file that could lead to modifications to the effective date of your claim and a new rating that is more corresponding to what you feel.
If you believe you deserve an assessment of 100 percent or higher, you should consider requesting a supplemental claim. An attorney for disability can assist you in putting together a convincing argument for this type of rating which is reserved only for severe disabilities. For example mental health issues could qualify you for an 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization, which don’t typically trigger this kind of an assessment for a cardiovascular disease or other medical problems.
Need help with the Appeals Process
Contrary to what many believe, contrary to what some may believe, a VA denial of disability benefits doesn’t mean that the person has no chance of recovering benefits. In fact, a former military member can wait one year from date the local veterans’ hospital or office mails them a decision that is not favorable to file an appeal.
An experienced veterans disability attorney can assist a veteran in determining which of the three options for appeal would be best for his case. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have a lot of experience in dealing with VA disability claims, and they know the rules and procedures in detail. In addition, some attorneys are Sanger Veterans Disability law firm themselves, which means that they understand the challenges disabled veterans face. This can create a special kind of empathy that can help improve the outcome of an issue involving veterans’ disability.
Sullivan and Kehoe’s team highly trained lawyers will review your VA disability claims free of charge to determine if we can help you. Call us today to set up your free evaluation.