5 Killer Quora Answers To Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of a denied claim.
Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if they can prove that the condition you suffer from is connected to your military service. This is referred to as a connection. There are different types of evidence that you can use to show this connection, including medical records as well as independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but they are not able to be service connected because of missing or incomplete documents. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is supported by experts who are impartial.
It is much easier to establish the direct connection between your service and injuries or illnesses that occurred while you were in the military. For example, if you suffered head injuries while serving and are now suffering from concussions and headaches, there is a clear connection between the two events and your current condition.
It is a lot more difficult to become connected to the military if you suffered from an existing condition that deteriorated during your military service. In order to prove that your time in service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided medical proof. The VA usually issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran has a year to file a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three decision review options that include an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer Take into consideration whether they understand your military background and culture of the armed forces. This can make it easier for you and reduce the requirement to explain your situation and experiences in a layman's way.
You should also find a firm that will continue to work on your case for the entire duration of your appeal. Beware of firms that assist you with the initial stages of your case, and then vanish.
An experienced 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, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist in obtaining you benefits like monetary compensations, aid and attendance benefits, educational benefits, or unemployability.
Earning a higher rating
There may come a time when your disability becomes more serious or your symptoms become broader or more challenging. In this case, it makes sense to request a higher rating. A veterans disability lawyer can assist with this process, and help you dig up evidence to back your request.
It's not unusual to see the VA to make errors, Veterans Disability which could result in an under-rated rating than you deserve. In the event that they fail to notice an injury that you suffer from or overlook a problem that could be linked with other disabilities to receive higher ratings it's important to have an expert review your records to find any mistakes.
You are still able to make a higher-level claim, or review if you have been rated for more than a calendar year. This involves a thorough review of your file. It could result in an amendment to your effective date or a new rating that's more accurate to what you really feel.
It's also worth pursuing an additional claim or a higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or higher. A disability lawyer can help develop a compelling argument for this rating that is reserved for the most severe of disabilities. A mental health issue like this one, for instance, may allow you to receive a 100 percent disability rating, as it can hinder employment or cause frequent hospitalizations which do not normally trigger this level of severity for a heart problem or any other medical condition.
Need Help with the Appeals Process
Contrary to what many believe the fact that contrary to what some may believe, a VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. Former military personnel have a year to appeal a decision that is not favorable.
An experienced veterans disability (simply click the up coming post) lawyer can assist a veteran to determine which of the three appeals options is the best option for their situation. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can give a veteran an additional formal hearing before a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have a wealth of experience managing VA disability claims, and are familiar with the rules and procedure inside out. Some lawyers are veterans disability attorneys, and therefore are aware of the difficulties faced by disabled veterans. This creates an unique type of empathy that can enhance the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us now to schedule your complimentary evaluation.