Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you can prove that the condition you have is linked to your military service. This is known as a relationship. There are many types of evidence to prove the connection. These include medical records, independent health exams (IME), or nexus letter from current healthcare providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities but cannot get service connected because of missing 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 that is backed by independent experts.
It is simpler to prove direct service connection for illnesses or injuries that occurred while in the military. For instance, if were struck in the head while serving and are now suffering headaches and concussions there is a clear link between these events and the current condition you are suffering from.
However, it's more difficult to get connected if you have an existing medical condition that grew worse during your time in the military. To prove that your time in the military aggravated or worsened a pre-existing condition, you will need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA typically issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can guide the claimant through the three review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer Be sure to think about whether they can understand your military background and military's culture. This can make it simpler for you and reduce the need to describe your experiences and experiences in a layman's way.
You want a company that will take on your case throughout the multi-year appeals process. Be wary of firms that only assist you with the first phases 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 additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you in obtaining you benefits like cash compensations, aid or education benefits, attendance benefits, or unemployment.
How to get a higher rating
It could be that your disability becomes more severe or your symptoms become more severe. It makes sense in this situation to ask for an increase in the rating. A veteran disability lawyer can assist you in this process and assist you to collect evidence to prove your claim.
It's not unusual to see the VA make mistakes, which can result in an under-rated rating than you deserve. If they miss an injury you've suffered or ignore a condition that could be linked with other disabilities in order to get an increase in rating It's worthwhile to have an expert look over your records to look for mistakes.
Even the fact that it's been more one year since the initial rating decision, you have the option of filing an additional review or claim. This could include a thorough review of your entire file, which could result in changes to your effective date as well as a new rating that is more corresponding to what you feel.
If you believe you're entitled to a rating of 100 percent or more, it's worth applying for a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating which is reserved for the most debilitating of disabilities. A mental health problem like this one, for instance, may allow you to receive a 100 percent disability rating because it could affect your job or cause frequent hospitalizations which don't normally trigger this level of a cardiovascular problem or other medical issues.
Need Help with the Appeals Process
Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits does not mean that the person is not eligible for benefits. In fact, a former soldier is given one year from the date the local veterans' hospital or office mails them a negative decision to file an appeal.
An experienced veterans disability attorney (
just click for source) can assist a vet in determining which of the three options for appeal would be best for his situation. They can also help
veterans disability law firm in obtaining the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have a lot of experience in dealing with VA disability claims, and they understand the rules and procedures in detail. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans face. This can result in a unique type of empathy which can sometimes improve the outcome of an appeal for veterans' disability.
Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claim for free to determine if we can help you. Call us today to schedule your free assessment.