5 Killer Quora Answers To Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Choose a veterans disability attorney who is specialized in dealing with these cases, and who knows the VA system from head to toe. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if they can prove that the condition you have is related to your military service. This is referred to as connection. There are different types of evidence you could prove this connection, such as medical records and independent medical examinations (IME) and letters from current health professionals or therapists (especially for mental health conditions). There are times when veterans have medically determined disabilities, but they cannot be service connected because of the absence of or insufficient records. These cases require the help of skilled New York disability lawyers who know how to make an entire claim and provide evidence that is backed up by experts who are independent.

It is much easier to establish the direct connection between your service and illnesses or injuries which occurred while in the military. For example, if you were hit in the head during your time in service and you are suffering headaches and concussions there is a strong connection between the two events and the current condition you are suffering from.

However, it is more difficult to be connected if you have an existing medical condition that got worse while you were in the military. To prove that your time in service has aggravated or worsened an existing condition, you must supply expert medical evidence that rises to the level of "clear and irrefutable" proof.

Appealing to a Denial

After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A veterans disability lawyer can assist the claimant through the three review options -- an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Be sure to think about whether they understand your military experience and the traditions of the armed forces. This can make the process more comfortable and less demanding for you to describe your experiences and situations in plain language.

You want a firm who will work on your case throughout the long appeals process. Beware of companies that will only assist you with the first stages of your claim, 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 more medical evidence, request an official hearing, and represent you at any Board meetings so that your case will be handled in a fair manner. They can also help you win your benefits, including monetary compensation, aid and attendance, education benefits or unemployment benefits.

Achieving a Higher Rating

It could happen that your disability becomes worse or your symptoms are more severe. In this case it is sensible to ask for a higher rating. A veterans disability lawyer can assist you in this process, and can help you find evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in an lower disability rating than you're entitled. If they overlook an injury you've suffered or miss a condition which could be linked to other disabilities in order to get a higher rating, it's worth having a professional look over your records to look for errors.

Even even if it's been more than one year since you made your initial rating decision, you can file a higher-level review or supplemental claim. These involve a full review of your file, and could result in a change to your effective date or an entirely new rating that's more accurate to how you really feel.

It's also worth looking into an additional claim or a more thorough review if you're trying to argue that you deserve a disability rating of 100 percent or more. A disability lawyer can assist you in putting together a compelling argument for this kind of rating, which is reserved only for debilitating disabilities. For example, a mental health condition might qualify you for an 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that do not normally trigger this type of the rating for a heart disease or other medical issue.

Assistance with the Appeals Process

Contrary to what many people think that denying an appeal for disability by the VA isn't the end of a person's chances to collect benefits. Former veterans disability law firm have one year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three current pathways for appealing would be the best option for their situation. They can also help a vet get the evidence together needed to convince a higher level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim needs. They also have a wealth of experience in dealing with VA disability claims, and they are aware of the rules and procedure inside and out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a unique type of empathy that may make a difference in the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today to arrange your free evaluation.