Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claims process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.
Choose a veteran disability lawyer who is specialized in these types of cases and is familiar with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits if it is established that your condition is linked to your military experience. This is referred to as a nexus. You can use a variety of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is backed by experts who are impartial.
It is simpler to prove an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you were injured during your military service and now suffer from headaches or concussions, it's much easier to prove a direct service connection.
However, it's harder to get connected if you have an existing medical condition that worsened during your time in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide expert medical evidence that is "clear and undeniable".
Appealing a Denied Application
After filing an application and providing medical evidence The VA will review the case. It typically issues a decision that either approves or
oldwiki.bedlamtheatre.co.uk denies benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disagreement. A disability lawyer for veterans can help the claimant navigate the three review options -- an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences and the traditions of the armed forces when selecting a New York veterans' disability lawyer. This can make the process more comfortable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.
You want a firm who will be working on your case throughout the multi-year appeals process. Beware of companies that will only assist you in the initial phases of your claim and then disappear.
An experienced New York veterans' disability attorney can assist you through every stage of your claim including appeals. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you claim benefits including monetary compensation, aid and attendance, education benefits or unemployment benefits.
How do I obtain a higher rating
It could happen that your disability becomes worse or your symptoms become more severe. In this case it's logical to request a higher rating. A veteran disability lawyer can help you in this process and assist you to collect evidence to support your claim.
It's not common for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. Whether they accidentally miss an injury you've suffered or ignore a condition that could be linked with other disabilities to receive higher ratings It's a good idea to have a professional look over your records to find any mistakes.
You are still able to make a higher-level claim, or review if you have been assessed for more than a calendar year. This involves a thorough review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more accurate to what you really feel.
It's also worth pursuing an additional claim or a higher-level review if you believe you are entitled to a disability rating of 100 percent or more. A disability
lawyer can help build a strong case for this rating that is reserved for the most debilitating disabilities. A mental health issue like this one, for instance, may allow you to receive a 100 percent disability rating because it could affect your job or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or other medical conditions.
Getting help with the Appeals Process
Contrary to what some believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. In fact, a former servicemember is given one year from the date that the local veteran's hospital or office mails them an unfavorable determination to appeal.
A skilled veteran disability lawyer can help a veteran determine which of the three ways to appeal is the best option for their situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer the previous decision was not right. They can provide a veteran an opportunity to have a formal hearing before an Veterans Law judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim requires. They are also likely to have extensive experience handling VA disability claims and know the rules and procedures both inside and outside. In addition, some attorneys are veterans themselves, which means they understand the issues disabled
veterans disability law firm have to face. This can result in a unique type of empathy which can help improve the outcome of an issue involving veterans' disability.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for free to determine if we can assist you. Call us today to set up your complimentary evaluation.