15 Astonishing Facts About Veterans Disability Law

DWQA QuestionsCategory: Questions15 Astonishing Facts About Veterans Disability Law
Sherryl Schmitz asked 1 week ago

Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From collecting medical and veterans disability attorney service proof to filing an appeal of a denied claim.

Choose a veterans disability law firms disability attorney who focuses their practice on handling these cases and is aware of the VA system from head to toe. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it is proved that your condition is linked to your military experience. This is referred to as a nexus. There are a variety of evidence you can prove the connection, such as medical records, independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to present an accurate claim and submit evidence that is supported by unbiased experts.

It is simpler to prove that there is a direct connection to your service for injuries or illnesses that you sustained while in the military. For example, if you suffered head injuries in the course of your service and suffer headaches and concussions, there is a strong connection between those events and your current condition.

It is more difficult to be service-connected if there was a pre-existing condition that worsened during your military service. In order to prove that your time in service aggravated or made worse an existing condition you must provide a doctor’s medical evidence that rises to the level of “clear and unmistakable” evidence.

Appealing a Denied Application

The VA will review your application after you have submitted your application and provided medical proof. It usually issues a decision that either approves or denies benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can assist the claimant through the three review options – the supplemental claim, or a higher-level review, or a direct appeal before the Board of Veterans’ Appeals.

When selecting when choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experience and the culture of the armed forces. This can make the process more enjoyable and less demanding for you to describe your experiences and situations in layman’s terms.

You need a firm that will be working on your case throughout the multi-year appeals procedure. Be wary of companies that help you with the initial stages of your case, only to then go away.

A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request an official hearing, and also represent you at any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also help win you benefits like financial compensations, aid and education benefits, attendance benefits, or unemployment.

Achieving a Higher Rating

There might come a time when your disability becomes more serious, or your symptoms get more complicated or broad. In that situation it’s logical to request a higher rating. A lawyer for veterans’ disability can assist in that process, and can assist you in finding evidence to prove your claim.

It’s not common for Veterans Disability Attorney the VA to make mistakes that result in an under-reported disability rating than you’re entitled. In the event that they fail to notice an injury you have or miss a condition that could be a combination of other disabilities to get an increase in rating it’s important to have an expert look over your records to identify any mistakes.

You may still submit a higher-level claim or review if you have been rated for more than a calendar year. This includes a review of your entire file which could result in modifications to your effective date as well as a new rating more accurate to the feelings you have.

It’s also worth seeking an additional claim or higher-level review if you’re trying to argue that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can help you put together a compelling argument for this type of rating which is reserved for very severe disabilities. A mental health problem for instance, might allow you to receive a 100 percent disability rating because it could affect your job or trigger frequent hospitalizations that don’t normally trigger this level of severity for a heart issue or other medical condition.

Getting help with the Appeals Process

Contrary to what many people think the denial of claims for disability by the VA isn’t the end of an individual’s ability to receive benefits. In fact, a former soldier can wait one year from date that the local veteran’s hospital or office sends them an unfavorable determination to appeal.

An experienced veterans disability attorney can help a vet determine which of the current three appeal options is the best option for his particular situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an additional formal hearing front of an Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they’ll provide the personal attention your claim requires. They are also likely to have years of experience handling VA disability claims and understand the rules and procedures both inside and outside. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans disability law firm. This can create a special kind of empathy that can improve the outcome of an issue involving veterans’ disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today for your complimentary evaluation.