Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Select a veteran disability attorney that is solely dealing with these cases, and who knows the VA’s system from top to bottom. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is proven that your condition is directly related to your military service. This is known as a nexus. There are many types of evidence to prove the connection. This includes medical records, independent health assessments (IME), or an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but cannot be considered to be service-connected due incomplete or omitted records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed by independent experts.
It is easier to prove an immediate connection with your service to illnesses or injuries which occurred while in the military. If you were injured in the military and you now suffer from headaches or concussions, it’s easier to establish a direct connection to the service.
It is harder to get service-connected if you had an existing medical condition that was worsened during your military service. In order to prove that your time in military service worsened or aggravated a pre-existing illness it is necessary to provide expert medical evidence that reaches the level of “clear and undeniable” proof.
Appealing a Denial
After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA typically issues a decision approving or denying benefits. If the decision is not favorable, the veteran is given one year to make a formal complaint. A disability attorney for veterans disability law firms can help the claimant navigate through the three review options – a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans’ Appeals.
Consider whether the lawyer understands your military experiences and the military’s culture when choosing a New York veterans’ disability lawyer. This will help you feel more comfortable and less demanding for you to talk about your experiences and circumstances in plain English.
You should also find a firm that will continue to work on your case throughout the duration of the appeals process over a period of years. Be wary about firms that help you with the initial stages of your claim, and then go away.
A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request an official hearing, and also represent you at any Board meetings to ensure that your case will be handled in a fair and fair manner. They can also assist you to win your benefits, like monetary compensation, aid and veterans attendance, education benefits, or unemployment benefits.
How to get a higher rating
It could be that your disability becomes worse or your symptoms get more severe. In this case it is sensible to request an increase in your rating. A veterans disability lawyer can help with that process, and assist you in locating evidence to back your request.
It’s not uncommon for the VA to make mistakes that result in an under-reported disability rating than you’re entitled to. In the event that they fail to notice an injury you’ve suffered or overlook a problem which could be linked to other disabilities to receive higher ratings it’s important to have a professional look over your records to spot any errors.
Even when it’s been over one year since you made your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These are a thorough examination of your dossier and may result in an amendment to your effective date or an entirely new rating that’s more accurate to how you truly feel.
If you believe that you are entitled to a rating of 100 percent, or higher, it’s worth seeking a supplemental claim. A disability lawyer can help build a strong case for this rating, which is reserved only for the most severe of disabilities. For example the mental health issue could be a reason to get an absolute disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization, which don’t normally trigger such a rating for a cardiovascular illness or other medical issues.
Need help with the Appeals Process
Contrary what some believe, an VA denial of disability benefits doesn’t mean that the person has no chance of recovering benefits. In fact, a former military member can wait one year from date their local veterans hospital or office mails them a denial to file an appeal.
An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals options is most suitable for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim requires. They also have extensive experience managing VA disability claims, and they are aware of the rules and procedures inside out. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This can result in a unique kind of empathy that could help in the resolution of an issue involving veterans disability law firms‘ disability.
Sullivan and Kehoe’s team experienced lawyers can evaluate your VA disability claims for no cost to determine if we can help you. Contact us today to arrange your free evaluation.