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 a claim that has been denied.
Choose a veteran disability attorney who is specialized in these cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it's confirmed that your illness is directly related to your military service. This is referred to as a nexus. There are various types of evidence you can use to show this connection, including medical records or independent medical exams (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are times when veterans have medically determinable disabilities, but they cannot be service connected because of the absence of or insufficient records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed up by independent experts.
It is easier to prove a direct service connection if injuries or illnesses were sustained while serving in the military. For instance, if received a head injury during service and now suffer headaches and concussions there is a direct link between those events and your current condition.
It is more difficult to be service-connected if there was an existing condition that got worse during your military service. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide medical evidence from a professional that is "clear and undisputed".
Appealing a denied application
After filing an application and providing medical evidence The VA will examine the case. It typically issues a decision that either approves or denies benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disabilities can help the claimant navigate the three decision review options which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience and the tradition of the armed services when choosing a New York
Glendale Veterans Disability Law Firm' disability lawyer. This can make it simpler for you and decrease the necessity to explain your circumstances and experiences in a layman's way.
You'll want a firm that will work on your case throughout the long appeals procedure. Beware of firms that help you with the initial stages of your claim and then disappear.
An experienced New York veterans' disability lawyer can assist you in all stages of the claim including appeals. They can help you submit more medical evidence, ask for an official hearing, and also represent you in any Board meetings so that your case will be dealt with without prejudice. They can also help you win you benefits such as cash compensations, aid or education benefits, attendance benefits, or unemployability.
Receiving a Better Rating
It could be that your disability gets worse or your symptoms are more severe. In that case it's logical to request an increase in your rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to back your claim.
It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you deserve. Whether they accidentally miss an injury that you suffer from or ignore a condition that could be a combination of other disabilities in order to get higher ratings It's a good idea to have an expert review your records to look for mistakes.
You are still able to submit a higher-level claim or review if you have been evaluated for more than a calendar year. This includes a review of your entire record, which may result in modifications to your effective date and a new rating that is more corresponding to what you feel.
It's also worth pursuing an additional claim or higher-level review if you believe you deserve a disability rating of 100 percent or higher. An attorney for disability can help you put together an argument that supports this kind of rating, which is reserved only for serious disabilities. For example an illness that is mental could be a reason to get a 100% disability rating due to the fact that it causes significant interruption to work or periods of hospitalization that do not usually trigger this level of the rating for a heart disease or other medical problems.
Help with the Appeals Process
Contrary to what some believe, an VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former military member is given one year from the date that their local veterans hospital or office sends them a decision that is not favorable to appeal.
A skilled
suisun city veterans disability law firm disability attorney can assist a veteran to determine which of the current three options for appeal would be the most appropriate for his particular situation. They can also assist veterans gather all the evidence required to convince a higher level reviewer that their previous decision was wrong. They can also provide a veteran with an opportunity to have a formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They are also likely to have a vast experience handling VA disability claims and are aware of the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This creates an unique type of empathy that can sometimes help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Call us today to schedule your free evaluation.
