Are You Getting The Most Out From Your Veterans Disability Law?

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A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal against an appeal denied.

Choose a veteran disability lawyer who limits their practice to handling these cases and knows 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 grant disability benefits when it can be proved that your condition is connected to your military service. This is referred to as a connection. There are many types of evidence you could prove this connection, including medical records as well as independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim as well as submit evidence backed by impartial experts.

It is simpler to prove that there is a direct connection to your service for illnesses or injuries which occurred while in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it's easier to establish a direct connection to the service.

However, it's more difficult to be connected if you suffer from a pre-existing medical condition that grew worse when you were in the military. To prove that your military service worsened or aggravated a pre-existing illness you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a denied application

After submitting an application and submitting medical evidence after which the VA will examine the case. The VA typically issues a decision approving or denying benefits. If the decision is not in favor the veteran is given one year to make a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the tradition of the armed services when choosing the New York veterans' disability lawyer. This can make things easier for you to understand and reduce the requirement to explain your situation and experiences in layman's language.

You should also find a firm who will continue to work on your case throughout the entire duration of your appeal. Be wary of companies that assist you in the initial phases of your case and then disappear.

An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you at any Board sessions to ensure that your case will be dealt with fairly. They can also assist in obtaining you benefits like financial compensations, aid and attendance benefits, education benefits, or even unemployment.

How do I obtain a higher rating

There might come a time where your disability gets more severe, or your symptoms get broader or more challenging. In that case it's logical to seek an increase in your rating. A veteran disability lawyer can assist you in this process and assist you to collect evidence to support your claim.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you deserve. If they miss an injury or overlook a problem which could be linked to other disabilities in order to get higher ratings, it's worth having an expert look over your records to look for errors.

Even even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These can include a 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 your feelings.

It's also worth looking into a supplemental claim or higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or more. A disability lawyer can help develop a compelling argument for this rating, which is reserved only for the most serious disabilities. For instance the mental health issue could be a reason to get an 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization that do not normally trigger such the rating for a heart disease or other medical problems.

Assistance with the Appeals Process

Contrary to what many people believe that denial of claims for disability by the VA is not the end of an individual's chances to recover benefits. Former veterans disability attorneys have one year to appeal the decision if it is not favorable.

A skilled veterans disability lawyer can assist a veteran to determine which of the three current appeals routes is the best option for their situation. They can also assist an individual vet put all the evidence required to convince a higher level reviewer that their previous decision was not right. They can provide a veteran an opportunity to have a formal hearing before a Veterans Law judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim demands. They also have extensive experience in handling VA disability claims, and they know 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, which can make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us today to schedule your free assessment.