Five Killer Quora Answers To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against an appeal denied.
Choose a veterans disability attorney that is solely handling these cases and knows the VA's system inside out. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it is proven that your condition is connected to your military service. This is referred to as nexus. There are many types of evidence that you could prove the connection, such as medical records as well as independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). There are times that veterans suffer from medically-determined disabilities, but cannot be service connected because of missing or incomplete records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and submit evidence that is backed by independent experts.
It is simpler to prove a direct connection when injuries or illnesses occurred while you were in the military. For instance, if were struck in the head during your time in service and you are suffering headaches and concussions there is a clear connection between these events and your current condition.
It is harder to get service-connected if there was a pre-existing condition that worsened during your military service. In order to prove that your time in military service worsened or aggravated an existing condition, you must supply expert medical evidence that rises to the level of "clear and undeniable" proof.
Appealing a denied application
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can help the claimant navigate the three decision review options which include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
When choosing when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experiences and the military's culture. This will make the process more comfortable and less requiring you to describe your experiences and the circumstances in layman's terms.
You also need a company that will work on your case throughout the entire duration of your appeal. Be wary of firms that assist you with the initial stages of your claim and then disappear.
An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit more medical evidence, request an official hearing, and represent you at any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also assist in obtaining you benefits like monetary compensations, aid and education benefits, attendance benefits, or even unemployment.
Receiving a Better Rating
There might come a time when your disability gets worse, or your symptoms get broader or more challenging. It makes sense in this scenario to ask for an increase in your rating. A veterans disability lawyer can assist in that process, and can help you dig up evidence to support your request.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you deserve. If they miss an injury you've suffered or ignore a condition that could be linked with other disabilities to earn an increase in rating It's a good idea to have an expert look over your records to spot any errors.
Even the fact that it's been more one year since your initial rating decision, you still can file an additional review or claim. This could include a thorough review of your entire dossier, which can result in changes to your effective date, as well as a new rating more accurate to your feelings.
If you think you're worthy of a rating of 100 percent, or higher, it's worth applying for a supplemental claim. A disability lawyer can help you develop an argument that is convincing for this kind of rating, that is reserved for those with debilitating disabilities. A mental health condition like this one, Veterans Disability for instance, may allow you to receive a 100% rating of disability because it could affect your job or cause frequent hospitalizations that don't normally trigger this level for a heart problem or other medical issues.
Assistance with the Appeals Process
Contrary what some believe, a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former soldier is given one year from the date that the local veteran's hospital or office mails them a decision that is not favorable to file an appeal.
An experienced veterans disability lawyer can assist a veteran to determine which of the three current appeals routes is best 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 not right. They may also give a veteran a more formal hearing in before a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have extensive experience dealing with VA disability claims, and they are aware of the rules and procedures completely. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that can sometimes improve the outcomes of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us today to set up an evaluation for free.
