Five Killer Quora Answers To Veterans Disability Law
veterans disability lawsuits Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to submitting an appeal of an appeal denied.
Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits when it can be proved that your condition is linked to your military experience. This is known as a nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the cases of mental health issues). Sometimes, veterans have medically determined disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.
It is easier to establish a direct connection if injuries or illnesses occurred while you were in the military. If you suffered injuries in the military, and now suffer from headaches or concussions, it's much easier to prove a direct service connection.
It is more difficult to be connected to the military if you suffered from an existing condition that got worse during your military service. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to provide expert medical evidence that is "clear and undeniable".
Appealing a denied application
After submitting an application and submitting medical evidence after which the VA will review the application. The VA typically issues a decision approving or denying benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three options for review which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military experiences and the traditions of the armed forces. This will make it easier for you and decrease the need to describe your experiences and experiences in layman's.
You want a firm who will work on your case throughout the lengthy appeals procedure. Be wary of companies that assist you with the initial phases of your case and then vanish.
An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit more medical evidence, request an official hearing and assist you at any Board sessions to ensure that your case will be dealt with in a fair and fair manner. They can also assist you to get your benefits, like monetary compensation aid and attendance, educational benefits or unemployed benefits.
How do I obtain a higher rating
There might come a time where your disability gets more severe, or your symptoms get more complex or broader. It is logical in this scenario to ask for an increase in the rating. A veterans disability lawyer can help with that process, and assist you in finding evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you're entitled. It's a good idea to hire an expert to examine your records for mistakes. They may have overlooked an injury or missed an issue that could be in conjunction with another condition to get an improved rating.
Even even if it's been more than a year since your initial rating decision, you can file an additional review or claim. These involve a full review of your file, and could result in an amendment to your effective date or an updated rating that is more accurate to what you feel.
If you think you're worthy of an assessment of 100 percent, or higher, consider seeking a supplemental claim. An attorney for disability can assist you in putting together an argument that is convincing for this type of rating which is reserved only for serious disabilities. A mental health condition such as depression, for instance, could qualify you for a 100% rating of disability because it can hinder employment or cause frequent hospitalizations which would not normally trigger this level for a cardiovascular problem or other medical conditions.
Getting Help with the Appeals Process
Contrary to what some believe the fact that the fact that a VA denial of disability benefits doesn't mean that an individual isn't eligible to receive benefits. In fact, a former soldier has one year from the date that the local veteran's hospital or office sends them an unfavorable determination to appeal.
An experienced veterans disability lawyer can assist a veteran to determine which of the three current appeals options is the best option for their situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can also provide a veteran with an additional formal hearing front of 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 a vast experience handling VA disability claims and are aware of the rules and procedures inside and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates a unique type of empathy that may help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Call us now to schedule your complimentary evaluation.
