3 Reasons 3 Reasons Why Your Veterans Disability Law Is Broken (And How To Fix It)
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal against a claim that has been denied.
Select a veteran disability attorney who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure 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 connected to your military service. This is referred to as a nexus. There are many types of evidence to prove this connection. These include medical records, independent health exams (IME), or an nexus note from current health care providers (especially in the case of mental health conditions). There are occasions when veterans disability attorney have medically determinable disabilities, but they cannot be considered service connected due to insufficient or missing documents. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by unbiased experts.
It is much easier to prove direct service connection for illnesses or injuries that occurred while you were in the military. For instance, if were struck in the head during service and now suffer from concussions and headaches, there is a direct link between these events and your current condition.
It is harder to get service-connected if there was an existing medical condition that was worsened during your military service. To prove that your service time caused or aggravated a pre-existing condition, you will need to present medical evidence that is “clear and undisputed”.
Appealing an Denial
After filing an application and providing medical evidence, the VA will review the application. The VA will typically issue a decision approving or denying benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A disability attorney for veterans can guide the claimant through the three decision review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans’ Appeals.
Make sure the lawyer is knowledgeable of your military experience and the culture of the armed services when selecting a New York veterans’ disability lawyer. This can make things easier for you and reduce the need to explain your situations and experiences in layman’s language.
You should also find a firm who will remain on your case for the entire multi-year appeals process. Beware of firms who only assist you with the first stages of your case, 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 more medical evidence, file an official hearing and represent you at any Board sessions to ensure that your case is handled in a fair manner. They can also assist you to obtain benefits like monetary compensation aid and attendance, education benefits or unemployability benefits.
Earning a higher rating
There may come a time that your disability becomes more severe or your symptoms become more complex or veterans disability case broader. In such a case it is sensible to ask for a higher rating. A veteran disability lawyer can help you in this process, and also help you gather evidence to prove your claim.
It’s not uncommon for the VA to make mistakes that result in a lower rating than you deserve. It’s worth getting an expert to review your records for mistakes. They may have missed an injury or omitted the issue that could be added to another condition to get an even higher rating.
Even when it’s been over one year since you made your initial rating decision, you still can file an additional review or claim. These can include a review of your entire record, which may result in changes to the effective date of your claim and an updated rating that is more true to the feelings you have.
If you believe you deserve an assessment of 100 percent or more, it’s worth making a claim for supplemental benefits. A disability lawyer can help build a strong case for this rating that is reserved for the most debilitating of disabilities. For instance an illness that is mental could be a reason to get an 100% disability rating because it could cause significant interference with employment or Veterans Disability Case frequent periods of hospitalization that do not normally trigger this type of rating for cardiovascular condition or other medical problem.
Assistance with the Appeals Process
Contrary to what many people believe the denial of a disability claim by the VA isn’t the end of an individual’s chance to get benefits. Former service members have a year to appeal any decision that isn’t favorable.
A skilled veteran disability lawyer can assist a veteran in determining which of the three ways to appeal is most suitable for their case. They can also help a vet get the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They can give a veteran an additional formal hearing before an 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 dealing with VA disability claims and are aware of the rules and procedures in and out. In addition, some attorneys are veterans disability attorneys themselves, which means that they understand the issues disabled veterans have to face. This creates a distinct type of empathy that can sometimes improve the outcomes 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 set up your free assessment.
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