Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service evidence to filing an appeal of a denied claim.
Select a veteran disability attorney who is specialized in handling these cases and knows the VA’s system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it can be established that your condition is related to your military service. This is called a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are occasions where lewistown veterans disability lawsuit are diagnosed with medical disabilities, but are unable to be service connected because of missing or incomplete records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is confirmed by unbiased experts.
It is simpler to establish a direct connection when illnesses or injuries occurred while you were in the military. If you have been injured in the military, and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
It is difficult to be service-connected if there was an existing condition that deteriorated during your military service. To prove that your time in service aggravated or made worse a pre-existing illness you must provide a doctor’s medical evidence that rises to the level of “clear and irrefutable” evidence.
Appealing to a Denial
After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will examine the case. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veteran’s disability attorney can guide the claimant through the three decision review options – an additional claim or a higher-level review, or a direct appeal before the Board of Veterans’ Appeals.
When selecting a New York veterans disability lawyer Be sure to think about whether they can understand your military background and army’s culture. This can make the process more relaxed and less requiring you to describe your experiences and situations in layman’s terms.
You should also choose a firm who will continue to work on your case throughout the entire duration of your appeal. Be wary of firms that assist you in the initial stages of your claim, and then vanish.
An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing, and represent you at any Board meetings to ensure that your case will be handled without prejudice. They can also assist you to obtain benefits including monetary compensation, aid and attendance, educational benefits or unemployability benefits.
How to get a higher rating
There could be a point when your disability gets worse or your symptoms become broader or more challenging. In such a case, it makes sense to ask for an increase in your rating. A lawyer for veterans can assist in that procedure, and help you find evidence to justify your request.
It’s not uncommon to see the VA make mistakes, which can result in a lower rating than you deserve. It’s recommended to consult a professional to check your records for any errors. They may have overlooked an injury or left out an issue that could be added to another disability to earn an increase in rating.
You are still able to make a higher-level claim, or review if you have been assessed for more than a calendar year. These involve a full review of your file and can result in changes to your effective date or an updated rating that is more in line with how you truly feel.
If you believe you’re entitled to a rating of 100 percent or higher, you should consider applying for a supplemental claim. A disability lawyer can assist you in putting together an argument that supports this type of rating, that is reserved for those with severe disabilities. A mental health condition for instance, might be a reason to get a 100% rating of disability because it could affect your job or trigger frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or other medical issues.
Assistance with the Appeals Process
Contrary to what some may believe that denial of claims for disability by the VA is not the end of an individual’s ability to receive benefits. In fact, a former military member is given one year from the date their local veterans hospital or office sends them a denial to appeal.
An experienced veterans disability lawyer can help a veteran decide which of the three appeals routes is most appropriate for their particular situation. They can also help a vet get the evidence needed to convince a higher level reviewer that their previous decision was not right. They may even be able to provide a veteran with a more formal hearing before a turtle creek Veterans disability attorney Law Judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They will also have extensive experience in handling VA disability claims, and they know the rules and procedures inside out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This can result in a unique kind of empathy that can sometimes improve the outcome of an appeal for veterans’ disability.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Contact us today to arrange your free assessment.
