History Of Veterans Disability Law: The History Of Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the claims process. From gathering medical and service evidence to submitting an appeal of an appeal denied.
Choose a veteran disability lawyer who limits their practice to handling these cases and knows the VA system from head to toe. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it's confirmed that your illness is linked to your military experience. This is called a nexus. You can use a variety of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus note from current health care providers (especially in the case of mental health problems). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by experts who are independent.
It is much easier to prove direct service connection for illnesses or injuries that you sustained while in the military. If you suffered injuries in the military and you now suffer from headaches and concussions, it's much easier to prove a direct service connection.
However, it's more difficult to get connected if you suffer from an existing medical condition that got worse while you were in the military. 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 undisputed".
Appealing a denied application
After submitting an application and submitting medical evidence, the VA will review the application. The VA typically issues a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to submit a notice of disagreement. 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 deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and the culture of the armed forces. This can make the process more enjoyable and less requiring you to explain your experience and circumstances in plain English.
You also want a firm that will continue to work on your case for the duration of the appeals process over a period of years. Beware of firms that only assist you in the initial stages of your claim and then disappear.
An experienced New York veterans' disability lawyer can assist you in every stage of your claim including appeals. They can assist you in submitting more medical evidence, request an official hearing, and also represent you in any Board sessions to ensure that your case will be dealt with in a fair and fair manner. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, educational benefits, or unemployment.
How can you get a better rating
It may happen that your disability gets worse or your symptoms become more severe. In such a case it is sensible to ask for a higher rating. A lawyer for veterans disability lawsuit' disability can assist with this process, firm and can help you dig up evidence to back your request.
It's not common for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. It's worth getting an expert to look over your records for mistakes. They may have missed an injury or left out any issue that could have been added to another disability to get an increase in rating.
You can still make a higher-level claim, or review if you have been evaluated for more than a calendar year. These include a review of your entire file, which could result in changes to your effective date and a new rating more accurate to your personal feelings.
It's also worth pursuing an additional claim or higher-level review if you believe you are entitled to a disability rating of 100 percent or higher. An attorney for disability can assist you in putting together a convincing argument for this type of rating that is reserved for those with difficult to treat disabilities. For instance an illness that is mental might qualify you for a 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that don't typically trigger this kind of rating for cardiovascular disease or other medical issue.
Assistance with the Appeals Process
Contrary to what some may believe that denying an application for disability benefits by the VA isn't the end of a person's chances to receive benefits. Former military personnel have a year to appeal a decision that is not favorable.
A skilled veterans disability attorney can assist a veteran in determining which of the three appeals options is best for his particular case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can also provide a veteran with an opportunity to have a formal hearing front of an Veterans Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim needs. They also have a vast experience handling VA disability claims, and they know the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This can create a distinct kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us today to arrange an appointment for a free evaluation.
