Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to submitting an appeal of the denial of your claim.
Choose a lawyer for veterans who is specialized in dealing with these cases, and who knows the VA’s system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it is proven that your condition is related to your military service. This is referred to as a nexus. There are many types of evidence you can use to show this connection, including medical records as well as independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but are unable to be considered service-connected due to missing or incomplete records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and submit evidence backed by unbiased experts.
It is much easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. If you’ve been injured while in the military, and now suffer from headaches and concussions, it’s much easier to prove a direct service connection.
It is harder to get service-connected if you had an existing condition that deteriorated while you were in military service. In order to prove that your military service worsened or aggravated a pre-existing illness You must present expert medical evidence that rises to the level of “clear and unmistakable” evidence.
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided medical proof. It usually issues a ruling which either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to make a notice of disagreement. A disability attorney for veterans can help the claimant navigate through the three review options – the supplemental claim, or a higher-level review, or a direct appeal before the Board of Veterans’ Appeals.
When deciding on the right New York cleveland Veterans disability lawyer disability lawyer Take into consideration whether they can understand your military background and traditions of the armed forces. This can help you feel more comfortable and less demanding for you to talk about your experiences and situations in plain language.
You need a firm that will handle your case through the lengthy appeals process. Beware of firms that only assist you in the first stages of your claim and then go away.
An experienced New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you claim benefits like monetary compensation, aid and attendance, education benefits or unemployability benefits.
How can I get a better rating
It may happen that your disability gets worse or your symptoms become more severe. It makes sense in this scenario to ask for a higher rating. A veteran disability lawyer can help you with this process and help gather evidence to prove your claim.
It’s not uncommon to see the VA make mistakes, resulting in being awarded a lower rating than what you deserve. If they miss an injury you’ve suffered or miss a condition that could be combined with other disabilities to get a higher rating It’s a good idea to have an expert review your records to identify any mistakes.
You can still file a higher-level claim or review if you have been evaluated for more than a calendar year. These can include a review of your entire file which could result in changes to your effective date as well as a new rating more accurate to what you feel.
It’s also worth seeking an additional claim or higher-level review if you’re trying to argue that you’re entitled to a disability grade of 100 percent or greater. An attorney for disability can help you create an argument that is convincing for this type of rating that is reserved for those with difficult to treat disabilities. For example mental health issues could be a reason to get an absolute disability rating because it could cause significant disruption to your work or frequent periods of hospitalization, which don’t normally trigger this type of the rating for a heart disease or other medical problems.
Helping with the Appeals Process
Contrary what some believe contrary to what many may think, a VA denial of disability benefits doesn’t mean that a person is in no position to claim benefits. Former veterans have one year to appeal the decision if it is not favorable.
A skilled veteran disability lawyer can help a veteran decide which of the three appeals routes is the best option for their situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer the previous decision was not right. They can even provide veterans with a formal hearing before an Veterans Law Judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim deserves. They also have a wealth of experience in handling VA disability claims, and they know the rules and procedure inside and out. Some attorneys are veterans, so they know the challenges that disabled des moines veterans disability lawsuit face. This can create a special kind of empathy that can sometimes improve the outcome of an appeal for veterans’ disability.
Sullivan and Kehoe’s team experienced lawyers can evaluate your VA disability claims free of charge to determine if we can help you. Call us today to arrange an evaluation for free.
