A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the claims process.
Select a veteran disability lawyer that is experienced in these cases and is well-versed with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be established that your condition is connected to your military service. This is referred to as a nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a the nexus letters from current health care providers (especially in the case of mental health problems). Sometimes, veterans have medically determined disabilities, but are not able to be connected due to missing or incomplete 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 up by independent experts.
It is easier to establish a direct service connection when injuries or illnesses occurred during your time in the military. For example, if you received a head injury during service and now suffer headaches and concussions there is a direct link between the two events and your current health condition.
It is a lot more difficult to become service-connected if there was a pre-existing condition that worsened during your military service. In order to prove that your time in service worsened or aggravated an existing illness, you must supply expert medical evidence that rises to the level of “clear and undeniable” proof.
Appealing to a Denial
After submitting an application and providing medical evidence after which the VA will review the case. It typically issues a decision that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three possible review options — an additional claim, a more extensive review, or a direct appeal to 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 experience and the culture of the armed forces. This will make it easier for you and reduce the need to explain your situations and experiences in layman’s terms.
You want a firm who will take on your case through the lengthy appeals process. Be wary about firms that help you with the initial phases of your case and then go away.
A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you win you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.
How to get a higher rating
There may come a time where your disability gets more severe, or your symptoms get broader or more challenging. In that situation it’s logical to request an increase in your rating. A lawyer for veterans’ disability can help with that process, and can help you dig up evidence to support your request.
It’s not common for the VA to make mistakes that result in being denied a disability rating lower than you’re entitled. In the event that they fail to notice an injury you’ve suffered or ignore a condition that could be combined with other disabilities to receive 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 still can file a higher-level review or supplemental claim. This includes a review of your entire file, which could result in modifications to your effective date, as well as the creation of a new rating that is more precise to what you feel.
If you believe you deserve a rating of 100 percent or higher, consider seeking 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 severe disabilities. A mental health problem like this one, for instance, may qualify you for a 100% rating of disability because it can hinder employment or result in frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or other medical issues.
Assistance with the Appeals Process
Contrary to what some may believe contrary to what many may think, the fact that a VA denial of disability benefits doesn’t mean that a person is in no position to claim benefits. In fact, a former veteran has one year from the date their local veterans hospital or office mails them a negative decision to file an appeal.
A skilled veterans disability attorney can assist a veteran in determining which of the current three appeal options is best for his particular case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was not correct. They can also provide a veteran with an extra formal hearing front of a Veterans Law judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they’ll provide the personalized attention your claim demands. They also have a wealth of experience in dealing with VA disability claims and know the rules and procedures both inside and outside. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This can lead to a particular type of empathy which can improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe’s team experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Call us today to set up your free assessment.
