Five Killer Quora Answers On Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal against an appeal denied.
Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system inside and out. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits when it can be established that your condition is directly related to your military service. This is referred to as a nexus. You can use different types of evidence to prove this connection. These include medical records, independent health exams (IME) or a an nexus note from current healthcare providers (especially in the situation of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but they cannot be service connected because of missing or incomplete records. These cases require the assistance of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is confirmed by independent experts.
It is easier to prove a direct connection when illnesses or injuries occurred while you were in the military. If you were injured in the military and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.
It is harder to get connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To prove that your service aggravated or worsened a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing a Denied Application
After filing an application and submitting medical evidence after which the VA will review the case. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three decision review options that include an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military background and military's culture. This can make the process more relaxed and less demanding for you to talk about your experiences and situations in layman's terms.
You also need a company who will remain on your case throughout the duration of the appeals process over a period of years. Be wary about firms that assist you with the initial stages of your claim, and then disappear.
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, request an official hearing and represent you in any Board meetings to ensure your case will be handled in a fair and fair manner. They can also help win you benefits such as cash compensations, aid or attendance benefits, education benefits, or unemployedness.
Earning a higher rating
It could be that your disability becomes worse or your symptoms become more severe. It makes sense in this case to request an increase in the rating. A veterans disability law firm disability lawyer can help with that process, and assist you in locating evidence to prove your claim.
It's not uncommon for the VA make mistakes, which can result in receiving a lower score than you deserve. It's worth contacting an expert to review your records for errors. They may have overlooked an injury or neglected to mention an issue that could be coupled with another disability to earn a higher rating.
Even if it's been more than a year since your initial rating decision, you have the option of filing an additional review or claim. These can include a review of your entire file that could lead to changes to the effective date of your claim and an updated rating that is more true to what you feel.
It's also worth looking into an additional claim or higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or more. A disability attorney can help you put together an argument that supports this type of rating, which is reserved only for debilitating disabilities. For example, a mental health condition might qualify you for an absolute disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization that do not normally trigger such rating for cardiovascular illness or other medical issues.
Need help with the Appeals Process
Contrary to what many believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. Former service members have a year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can help a veteran decide which of the three appeals options is the best option for their situation. They can also help veterans put all the evidence required to convince a higher level reviewer that their previous decision was not right. They can give a veteran a more formal hearing in before an Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have a vast experience handling VA disability claims, and they know the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a distinct type of empathy, which can make a difference in the outcome of a veterans disability case.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Contact us today to schedule your free assessment.
