Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal of the denial of your claim.
Choose a veterans disability attorney who focuses their practice on handling these cases and knows the VA's system from top to bottom. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be proven that your condition is linked to your military experience. This is called a nexus. There are various types of evidence that you can demonstrate this connection, including medical records or independent medical exams (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). There are occasions when veterans have medically determined disabilities, but they are not able to be service connected because of incomplete or omitted 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 backed by experts who are impartial.
It is simpler to prove direct service connection for injuries or illnesses that you sustained while in the military. For example, if you were hit in the head during service and now suffer from concussions and headaches, there is a strong connection between these events and the current condition you are suffering from.
It is a lot more difficult to become connected to a service if you have a pre-existing condition that worsened while you were in military service. To show that your time in service caused or aggravated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing an Denial
The VA will review your case after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is not in favor the veteran is given one year to file a Notice of Disparagement. A veterans disability attorney can help the claimant navigate through the three review options: an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When choosing the right New York veterans disability lawyer Take into consideration whether they are familiar with your military background and army's culture. This will make the process more relaxed and less requiring you to explain your experiences and
Veterans Disability Attorney situations in plain language.
You also need a company who will continue to work on your case throughout the entire duration of your appeal. Be wary about firms that assist you in the initial phases of your case and then disappear.
An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist you in obtaining you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.
How do I obtain a higher rating
It could be that your disability gets worse or your symptoms become more severe. In this case it is sensible to ask for a higher rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to back your claim.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. It's a good idea to hire a professional to check your records for mistakes. They may have missed an injury or omitted the issue that could be added to another condition to get a higher rating.
You can still file a higher-level claim and review if you've been rated for more than a calendar year. These involve a full review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more in line with how you really feel.
It's also advisable to file a supplemental claim or higher-level review if you deserve a disability rating of 100 percent or higher. A disability lawyer can help develop a compelling argument for this rating which is only available for the most severe of disabilities. For example the mental health issue could be a reason to get an 100% disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular condition or other medical problem.
Need help with the Appeals Process
Despite what some people may think the denial of a disability claim by the VA isn't the end of an individual's ability to recover benefits. Former service members have one year to appeal any decision that isn't favorable.
An experienced
veterans disability law firm disability attorney (
trademarketclassifieds.com) can assist a vet in determining which of the current three appeals options would be best for his case. They can also assist veterans put the evidence they need to convince a higher level reviewer that the previous decision was incorrect. They can even provide
veterans disability lawsuit with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a wealth of experience dealing with VA disability claims, and are familiar with the rules and procedure inside and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can create a distinct type of empathy which could help in the resolution of an appeal for veterans' disability.
The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claims for free to determine if we can help you. Call us today to arrange your free assessment.