A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can assist you throughout the claims process.
Choose a veteran disability lawyer who is specialized in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it is confirmed that your illness is connected to your military service. This is known as a nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health exams (IME) or a the nexus letters from current health care providers (especially in the situation of mental health conditions). There are times where veterans are diagnosed with medical disabilities, but are unable to be considered service connected due to incomplete or omitted records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and provide evidence that is backed up by independent experts.
It is much easier to prove a direct connection when injuries or illnesses were sustained while serving in the military. For instance, if you suffered head injuries during your time in service and you are suffering headaches and concussions, there is a clear connection between these events and the current condition you are suffering from.
It is difficult to be service-connected if you had an existing medical condition that was worsened during your military service. To prove that your service time caused or aggravated a pre-existing health condition, you’ll have to present medical evidence that is “clear and irrefutable”.
Appealing an Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA usually issues an approval or denial of benefits. If the decision isn’t favorable, the veteran has one year to submit a notice of disagreement. A lawyer for veterans’ disability can assist the applicant navigate the three options for review including a supplemental claim, higher-level review or a direct appeal to the Board of Veterans’ Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the tradition of the armed services when choosing a New York veterans’ disability lawyer. This will make the process more relaxed and eliminate the need for you to explain your experiences and situations in plain language.
You want a firm who will take on your case throughout the multi-year appeals process. Beware of firms who only assist you with the first stages of your claim and then go away.
A seasoned New York veterans’ disability attorney can help you with all phases of the claim and appeals. They can help you submit more medical evidence, file an official hearing and represent you in any Board sessions to ensure that your case will be dealt with in a fair manner. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, education benefits, or unemployment benefits.
Earning a higher rating
There could be a point when your disability gets worse or your symptoms become broader or Veterans disability lawyers more challenging. It makes sense in this instance to seek an increase in the rating. A veteran disability lawyer can assist you in this process and help gather evidence to prove your claim.
It’s not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. If they miss an injury that you suffer from or ignore a condition which could be linked to other disabilities to receive higher ratings It’s a good idea to have an expert review your records to spot any mistakes.
Even if it’s been more than one year since your initial rating decision, you still can file an additional review or claim. This could include a thorough review of your entire dossier, that could lead to changes to your effective date and an updated rating that is more true to the feelings you have.
If you believe you deserve an assessment of 100 percent or higher, it’s worth seeking a supplemental claim. A disability lawyer can help make a convincing case for this rating which is reserved for the most debilitating of disabilities. For instance mental health issues might qualify you for an 100% disability rating because it could cause significant interruption to work or periods of hospitalization, which don’t usually trigger this level of the rating for a heart condition or other medical problem.
Assistance with the Appeals Process
Contrary what some believe contrary to what many may think, the fact that a VA denial of disability benefits doesn’t mean that the person has no chance of recovering benefits. Former veterans disability lawsuits have one year to appeal a decision that is not favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current appeals options is best for their case. They can also assist a vet get the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention you require for your claim. They will also have extensive experience dealing with VA disability claims, and they know the rules and procedures in detail. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates an unique type of empathy that can sometimes improve the outcomes of a case involving a disabled veteran.
Sullivan & Kehoe’s team of highly trained lawyers can review your VA disability claims for no cost to determine whether we can help you. Call us today to set up your complimentary evaluation.