Veterans Disability LawyersA veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and
veterans disability lawyers other service to filing an appeal of a denied claim.
Choose a lawyer for veterans who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits only if you prove that the condition you are suffering from is related to your military service. This is known as a "nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans have medically determined disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed by independent experts.
It is simpler to establish a direct connection if injuries or illnesses occurred during your time in the military. For instance, if you were struck in the head in the course of your service and suffer headaches and concussions, there is a strong connection between these events and your current condition.
However, it is more difficult to get connected if you suffer from an existing medical condition that worsened while in the military. To prove that your time in military service worsened or aggravated an existing condition You must present expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a Denied Application
After submitting an application and providing medical evidence, the VA will review the case. The VA usually issues the decision of approving or disapproving benefits. If the decision is deemed unfavorable the veteran has one year to submit a Notice of Disagreement. A disability lawyer for veterans can help the claimant navigate the three possible review options -- an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience as well as the military's culture when selecting the New York
veterans disability attorneys' disability lawyer. This can make it simpler for you to understand and reduce the requirement to explain your situation and experiences in layman's.
You need a firm that will be working on your case throughout the lengthy appeals procedure. Be wary of companies that help you with the initial stages of your case, only to then go away.
An experienced New York veterans' disability attorney can assist you through all phases of the claim and 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 get your benefits, like monetary compensation aid and attendance, educational benefits or unemployed benefits.
Receiving a Better Rating
There may be a point when your disability becomes more serious, or your symptoms get more difficult or wider. It is logical in this instance to seek an increase in the rating. A veteran disability lawyer can help you with this process and help collect evidence to support your claim.
It's not unusual for the VA to make mistakes that result in an lower disability rating than you deserve. Whether they accidentally miss an injury you've suffered or miss a condition which could be linked to other disabilities to receive an improved rating it's important to have an expert review your records to spot any mistakes.
Even when it's been over a year since your initial rating decision, you can file a higher-level review or supplemental claim. These involve a full review of your file. It could result in changes to your effective date or a new rating that's more accurate to how you truly feel.
It's also worth pursuing an additional claim or higher-level review if you believe you deserve a disability rating of 100 percent or greater. A disability lawyer can assist you to develop a compelling argument for this rating, which is reserved only for the most serious disabilities. For example mental health issues could qualify you for an 100% disability rating because it can cause marked interruption to work or periods of hospitalization that do not usually trigger this level of rating for cardiovascular disease or other medical problems.
Getting Help with the Appeals Process
Despite what some people may believe, the denial of an application for disability benefits by the VA isn't the end of a person's chances to collect benefits. In fact, a former soldier can wait one year from date the local veterans' hospital or office mails them an unfavorable determination to appeal.
An experienced
veterans disability lawyers disability attorney can assist a veteran to determine which of the three appeals options would be the most appropriate for his situation. They can also help veterans put the evidence together needed to convince a higher-level reviewer that their previous decision was wrong. They can even assist a veteran with a more formal hearing before an Veterans Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim requires. They also have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures inside out. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This can result in a unique type of empathy which can improve the outcome of an issue involving veterans' disability.
The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims free of charge to determine if we can assist you. Contact us today to arrange your free evaluation.