fredericksburg veterans disability lawyer Disability Lawyers
A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service evidence to filing an appeal of a denied claim.
Select a veteran disability lawyer that is experienced in these types of 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 provide disability benefits if they can prove that the condition you suffer from is connected to your military service. This is known as a nexus. There are a variety of evidence that you can prove this connection, including medical records as well as independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed by experts who are independent.
It is simpler to prove a direct connection if injuries or illnesses occurred while you were in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions, there is a direct link between these events and your current condition.
However, it’s more difficult to get service connected if you have a pre-existing medical condition that grew worse during your time in the military. To prove that your service aggravated or worsened a pre-existing health condition, you’ll have to provide expert medical evidence that is “clear and undeniable”.
Appealing a Denial
The VA will review your case after you have submitted your application and submitted medical evidence. It usually issues a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the applicant navigate the three possible review options that include an additional claim, a higher-level review, or direct appeal to the Board of Veterans’ Appeals.
When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they understand your military experience and military’s culture. This can make things easier for you to understand and reduce the need to explain your situations and experiences in a layman’s way.
You want a firm who will work on your case throughout the multi-year appeals procedure. Be wary of firms that assist you in the first stages of your claim, and then disappear.
An experienced New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, file an official hearing and represent you at any Board sessions to ensure that your case will be handled fairly. They can also assist you to get your benefits, like monetary compensation aid and attendance, education benefits or unemployed benefits.
Earning a higher rating
There may come a time when your disability becomes more serious or your symptoms become more complicated or broad. In this case it’s sensible to seek an increase in your rating. A lawyer for veterans’ disability can assist with this process, and assist you in locating evidence to prove your claim.
It’s not common for the VA to make mistakes that result in an lower disability rating than you’re entitled to. It’s worth getting an expert to look over your records for mistakes. They might have missed an injury or omitted the issue that could be in conjunction with another condition to get a higher rating.
Even if it’s been more than one year since the initial rating decision, you still have the option of filing an additional review or claim. These involve a full review of your file, and could result in changes to your effective date or a new rating that’s more in line with how you really feel.
It’s also worth pursuing an additional claim or a higher-level review if you believe you’re entitled to a disability grade of 100 percent or greater. A disability lawyer can help you develop a convincing argument for this kind of rating, which is reserved for extremely severe disabilities. A mental illness, for example, may be a reason to get a 100 percent disability rating, as it can hinder employment or result in frequent hospitalizations that don’t normally trigger this level of a cardiovascular problem or other medical issues.
Help with the Appeals Process
Contrary what some believe contrary to what many may think, a VA denial of disability benefits does not mean that the person is not eligible for benefits. Former veterans have one year to appeal the decision if it is not favorable.
A skilled Lindenhurst Veterans Disability Attorney disability lawyer can help a veteran determine which of the three current appeals options is the best option for their situation. They can also assist veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a more formal hearing before an tavares veterans disability law firm Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim deserves. They also have extensive experience managing VA disability claims, and are familiar with the rules and procedure in detail. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans. This can lead to a particular kind of empathy that can improve the outcome of an issue involving veterans’ disability.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Call us today to set up your free assessment.