Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From assembling medical and service evidence to filing an appeal against a claim that has been denied.
Select a veteran disability attorney who focuses their practice on handling these cases and knows the VA’s system from top to bottom. This will ensure that your case is given 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 referred to as nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME) or a an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and provide evidence that is backed up by independent experts.
It is easier to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. If you’ve been injured while during your military service and now suffer from headaches and concussions, it is easier to prove a direct service connection.
However, it’s more difficult to get connected if you suffer from an existing medical condition that got worse when you were in the military. To prove that your time in service has aggravated or worsened an existing illness you must provide a doctor’s medical evidence that rises to the level of “clear and irrefutable” proof.
Appealing a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options – the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans’ Appeals.
When deciding on when choosing a New York veterans disability lawyer Take into consideration whether they understand your military experience and the army’s culture. This can make the process more relaxed and reduce the need for you to explain your experience and the circumstances in layman’s terms.
You’ll want a firm that will work on your case throughout the multi-year appeals process. Be wary of firms that only assist you in the initial stages of your claim and then vanish.
A seasoned New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing and represent you in any Board meetings to ensure that your case will be handled in a fair manner. They can also help win you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.
How do I obtain a higher rating
It could happen that your disability becomes worse or your symptoms are more severe. In that situation it’s sensible to ask for an increase in your rating. A veteran disability lawyer can assist you with this process and help gather evidence to support your claim.
It’s not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you deserve. In the event that they fail to notice an injury or overlook a problem that could be combined with other disabilities in order to get an increase in rating, it’s worth having an expert review your records to spot any errors.
Even even if it’s been more than one year since the initial rating decision, you have the option of filing an additional review or claim. This involves a thorough review of your file and can result in an amendment to your effective date or a new rating that’s more accurate to what you really feel.
It’s also advisable to file an additional claim or a higher-level review if you believe you’re entitled to a disability rate of 100 percent or more. A disability lawyer can help you create a compelling case for this rating which is reserved for the most severe of disabilities. A mental health condition such as depression, for instance, could qualify you for a 100 percentage disability rating since it can interfere with employment or cause frequent hospitalizations which don’t normally trigger this level for a heart issue or other medical condition.
Getting Help with the Appeals Process
Contrary to what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that a person is not eligible for benefits. Former military personnel have a year to appeal an outcome that is not favorable.
A skilled veteran disability lawyer can assist a veteran in determining which of the three current appeals options is most suitable for their case. They can also help a vet get all the evidence required to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a formal hearing before an clawson veterans disability lawsuit Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim demands. They are also likely to have years of experience handling VA disability claims and understand the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled crystal city veterans disability lawyer face. This can lead to a particular kind of empathy that can improve the outcome of a clearlake veterans disability law firm‘ disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us now to schedule your free evaluation.