A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claims process.
Select a veteran disability lawyer that specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only approve disability benefits if you can prove that the condition you are suffering from is related to your military service. This is referred to as connection. There are many types of evidence that you could prove this connection, including medical records or independent medical exams (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but aren’t able to get connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability lawyers who are able to present an accurate claim and submit evidence that is backed up by experts who are impartial.
It is much easier to prove a direct service connection when injuries or illnesses were sustained while serving in the military. If you suffered injuries in the military and you now suffer from headaches and concussions, it’s much easier to establish a direct connection to the service.
However, it’s more difficult to be connected if you have a pre-existing medical condition that got worse during your time in the military. In order to prove that your time in service worsened or aggravated an existing illness You must present expert medical evidence that reaches the level of “clear and undeniable” evidence.
Appealing a Denial
After submitting an application and submitting medical evidence The VA will review the application. It usually issues a decision that either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disparagement. A veteran’s disability attorney can guide the claimant through the three decision review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans’ Appeals.
When choosing a New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experiences and the army’s culture. This can make the process more comfortable and less requiring you to talk about your experiences and situations in plain language.
You’ll want a firm that will be working on your case through the lengthy appeals process. Be wary of companies that assist you in the first stages of your case, only to then disappear.
A seasoned 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 and request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help win you benefits, such as financial compensations, aid and education benefits, attendance benefits, or even unemployment.
How to get a higher rating
It may happen that your disability becomes worse or your symptoms are more severe. It is logical in this situation to ask for an increase in rating. A veteran disability lawyer can assist you with this process and help gather evidence to back your claim.
It’s not uncommon for the VA to make mistakes that result in a lower rating than you deserve. If they miss an injury or miss a condition that could be combined with other disabilities to earn a higher rating It’s a good idea to have a professional look over your records to look for mistakes.
You are still able to file a higher-level claim or review if you’ve been rated for more than a calendar year. These include a review of your entire file which can result in modifications to the effective date of your claim and the creation of a new rating that is more precise to the feelings you have.
If you believe you deserve an assessment of 100 percent, or higher, consider applying for a supplemental claim. A disability lawyer can assist you to create a compelling case for this rating which is only available for the most debilitating of disabilities. A mental health condition for instance, might make you eligible for a 100 percent disability rating because it can interfere with employment or trigger frequent hospitalizations that do not normally trigger this level for a heart problem or other medical conditions.
Getting help with the Appeals Process
Contrary to what some may think the denial of an appeal for disability by the VA isn’t the end of a person’s chances to receive benefits. In fact, a former military member has one year from the date their local veterans hospital or office mails them a denial to file an appeal.
An experienced attorney for veterans can assist a vet in determining which of the current three options for appeal would be the most appropriate for his situation. They can also help veterans gather the evidence together 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 your claim requires. They are also likely to have a wealth of experience in handling VA disability claims, and they know the rules and procedures both inside and outside. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans disability law firms (just click the up coming website). This can lead to a particular kind of empathy that could help in the resolution of an appeal for veterans’ disability.
Sullivan and Kehoe’s team experienced lawyers can evaluate your VA disability claim for free to determine whether we can assist you. Contact us today to set up an evaluation for free.
