History Of Veterans Disability Law: The History Of Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can help you throughout the claims process.
Choose a veteran disability lawyer who limits their practice to handling these cases and is aware of 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 only if you prove that the condition is related to your military service. This is called a nexus. There are many types of evidence you could prove this connection, including medical records and independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is backed by experts who are impartial.
It is easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For instance, if you suffered head injuries while serving and are now suffering headaches and concussions there is a clear link between these events and your current condition.
However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that became worse when you were in the military. In order to prove that your service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and undeniable" evidence.
Appealing a Denial
After submitting an application and submitting medical evidence after which the VA will review the case. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given a year to file a complaint. A lawyer for veterans' disability can assist the applicant navigate the three decision review options -- an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experience and army's culture. This can make it easier for you and decrease the requirement to explain your situation and experiences in layman's terms.
You should also find a firm who will remain on your case throughout the entire appeals process of several years. Beware of firms who only assist you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit more medical evidence, request an official hearing, and represent you in any Board meetings to ensure your case is handled fairly. They can also assist in obtaining you benefits, such as financial compensations, aid and charlottesville Veterans disability lawyer attendance benefits, educational benefits, or unemployment.
How to get a higher rating
There may come a time where your disability gets more severe or your symptoms become broader or more challenging. In that situation, it makes sense to seek an increase in your rating. A lawyer for bainbridge veterans disability lawsuit can help with that process, and they can assist you in locating evidence to support your request.
It's not uncommon for the VA make mistakes, which can result in a lower rating than you deserve. It's worth contacting an expert to examine your records for mistakes. They could have missed an injury or omitted the issue that could be added to another condition to get an increase in rating.
You can still make a higher-level claim, or review if you've been rated for more than a calendar year. These include a review of your entire file that could lead to modifications to your effective date, as well as a new rating that is more corresponding to your personal feelings.
If you believe you deserve an assessment of 100 percent or higher, it's worth applying for a supplemental claim. A disability lawyer can assist you to develop a compelling argument for this rating that is reserved for the most severe of disabilities. A mental health issue like this one, for instance, may allow you to receive a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations which do not normally trigger this level for a cardiovascular problem or other medical conditions.
Help with the Appeals Process
Contrary to what some may believe that denying an appeal for disability 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.
An experienced veteran disability attorney can assist a veteran in determining which of the three appeals options would be the most appropriate for his situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer their previous decision was not correct. They can provide a veteran an opportunity to have a formal hearing before an Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have a vast experience dealing with VA disability claims and know the rules and procedures from top to bottom. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans face. This creates an unique type of empathy that may enhance the outcome of a disability claim for charlottesville veterans Disability lawyer.
Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claim for charlottesville veterans Disability lawyer free to determine if we are able to help you. Contact us now to schedule your free assessment.
