Keenan Chick asked 1 year ago
A veteran disability lawyer can assist you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.
Choose a lawyer for veterans who limits their practice to handling these cases and knows the VA’s system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits if you prove that the condition is related to your military service. This is referred to as a nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the case of mental health conditions). There are occasions when veterans disability settlement have medically determinable disabilities, veterans disability lawyers but they are not able to be considered to be service-connected due insufficient or missing documents. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and submit evidence backed by unbiased experts.
It is easier to prove the direct connection between your service and injuries or illnesses that occurred while you were in the military. If you were injured in the military, and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
However, it is harder to get connected if you suffer from a pre-existing medical condition that worsened while you were in the military. To prove that your time in the military aggravated or worsened a pre-existing condition, you’ll need to provide medical evidence from a professional that is “clear and undisputed”.
Appealing a denied application
The VA will review your application after you have submitted your application and submitted medical evidence. It typically issues a decision which either approves or denies benefits. If the decision isn’t favorable, the veteran has a year to submit a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three decision 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 Take into consideration whether they understand your military experience and the traditions of the armed forces. This will make the process more comfortable and less demanding for you to describe your experiences and situations in plain language.
You’ll want a firm that will handle your case throughout the lengthy appeals procedure. Be wary of firms that assist you in the initial stages of your claim, and veterans disability lawyers then go away.
A seasoned New York veterans’ disability attorney can assist you at every stage of your claim, including appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, education benefits or unemployability benefits.
Earning a higher rating
It may happen that your disability becomes worse or your symptoms become more severe. It is logical in this situation to ask for a higher rating. A veteran disability lawyer can help you with this process and help you gather evidence to prove your claim.
It’s not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. It’s worth getting an expert to review your records for mistakes. They might have missed an injury or left out any issue that could have been coupled with another disability to get an improved rating.
Even if it’s been more than one year since the initial rating decision, you still can file a higher-level review or supplemental claim. This involves a thorough review of your file and can result in an amendment to your effective date or an entirely new rating that’s more accurate to what you truly feel.
It’s also worth seeking an additional claim or a higher-level review if you deserve a disability rating that is 100 percent or more. An attorney for disability can help you put together a convincing argument for this type of rating, which is reserved for very severe disabilities. A mental health condition like this one, for instance, may be a reason to get a 100 percentage disability rating since it could hinder your employment or result in frequent hospitalizations that don’t normally trigger this level of a cardiovascular problem or other medical conditions.
Help with the Appeals Process
Contrary to what many people think that denial of an application for disability benefits by the VA isn’t the end of an individual’s chances to get benefits. Former veterans have one year to appeal the decision if it is not favorable.
A skilled veteran disability lawyer can assist a veteran to determine which of the three current appeals options is best for their case. They can also help veterans disability legal put the evidence together needed to convince a higher-level reviewer that their previous decision was wrong. They can give a veteran a more formal hearing in before an veterans disability attorneys Law judge.
The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures in and out. Some attorneys are veterans disability litigation, so they are aware of the difficulties faced by disabled veterans. This can lead to a particular type of empathy which can help improve the outcome of the case of a disabled veteran.
The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claims for no cost to determine whether we can assist you. Contact us today to arrange your complimentary evaluation.