Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you through the entire claims process.
Choose a veteran disability lawyer who is specialized in handling these cases and is aware of the VA’s system from top to bottom. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you can prove that the condition is a result of your military service. This is known as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME), or the nexus letters from current healthcare providers (especially in the cases of mental health issues). There are occasions that oakdale veterans disability lawyer suffer from medically-determined disabilities, but cannot be considered service-connected due to the absence of or insufficient records. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed by independent experts.
It is easier to establish a direct service connection when illnesses or injuries occurred during your time in the military. If you have been injured during your military service and now suffer from headaches or concussions, it’s much easier to prove a direct service connection.
It is a lot more difficult to become connected to the military if you suffered from an existing condition that got worse during your military service. To prove that your time in service has aggravated or worsened a pre-existing illness it is necessary to provide expert medical evidence that rises to the level of “clear and unmistakable” evidence.
Appealing a denied application
After filing an application and providing medical evidence The VA will examine the case. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options – either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans’ Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the culture of the armed services when selecting the New York veterans’ disability lawyer. This will help you feel more comfortable and eliminate the need for you to describe your experiences and situations in plain language.
You should also find a firm who will remain on your case throughout the entire multi-year appeals process. Be wary about firms that assist you in the first phases of your case and then go away.
An experienced New York veterans’ disability lawyer can assist you in all phases of the claim including appeals. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help you obtain benefits like monetary compensation aid and attendance, educational benefits, or unemployment benefits.
How can I get a better rating
It could be that your disability becomes worse or your symptoms become more severe. It makes sense in this instance to seek an increase in rating. A veteran disability lawyer can assist you in this process and help you gather evidence to back your claim.
It’s not unusual for the VA to make mistakes that result in being awarded a lower rating than what you deserve. It’s recommended to consult an expert to review your records for any errors. They may have missed an injury or missed an issue that could be added to another disability to get an even higher rating.
You may still make a higher-level claim, or review if you’ve been rated for more than a calendar year. This includes a review of your entire dossier, which can result in changes to the effective date of your claim and the creation of a new rating that is more precise to what you feel.
If you believe that you are entitled to an assessment of 100 percent or higher, consider applying for a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is only available for the most debilitating of disabilities. For instance the mental health issue could qualify you for an absolute disability rating because it could cause significant interruption to work or periods of hospitalization, which don’t normally trigger such an assessment for a cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary to what some may believe contrary to what many may think, the fact that a VA denial of disability benefits doesn’t mean that a person isn’t eligible to receive benefits. Former service members have one year to appeal an outcome that is not favorable.
An experienced veteran disability attorney can assist a veteran to determine which of the three pathways for appeal would be the most appropriate for his particular case. They can also help with gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They may even be able to provide aurora Veterans disability law firm with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have a wealth of experience managing VA disability claims, and they understand the rules and procedure in detail. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This can result in a unique type of empathy which can improve the outcome of an issue involving veterans’ disability.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for no cost to determine whether we can help you. Contact us today to set up an evaluation for free.