Does Technology Make Veterans Disability Law Better Or Worse?
Zelda Dixon asked 11 months ago
A veteran disability lawyer can help you throughout the claims process. From assembling medical and service evidence to submitting an appeal of a denied claim.
Choose a lawyer for veterans disability attorneys who focuses their practice on dealing with these cases, and who knows the VA’s system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it can be proven that your condition is connected to your military service. This is referred to as a nexus. There are many types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans have medically determined disabilities, but are not able to be connected because of incomplete or veterans disability case missing military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is backed up by independent experts.
It is simpler to prove an immediate connection with your service to injuries or illnesses which occurred while 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 health condition.
However, it is more difficult to be connected if you suffer from a pre-existing medical condition that worsened when you were in the military. To prove that your time in service worsened or aggravated a pre-existing illness You must present expert medical evidence that reaches the level of “clear and unmistakable” proof.
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA usually issues the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given a year to file a complaint. A veteran’s disability attorney can help the claimant navigate through the three review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans’ Appeals.
When choosing a New York veterans disability lawyer, be sure to consider whether they are familiar with your military experiences and the traditions of the armed forces. This can help you feel more comfortable and reduce the need for you to describe your experiences and situations in plain language.
You should also find a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of companies that will only assist you with the initial stages of your claim, and then vanish.
An experienced New York veterans disability law‘ disability lawyer can assist you in all stages of the claim and appeals. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you to claim benefits such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
Receiving a Better Rating
It could happen that your disability becomes worse or your symptoms are more severe. In that case it’s sensible to seek a higher rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to support your claim.
It’s not unusual for the VA to make mistakes that result in a lower disability rating than you’re entitled to. It’s worth contacting an expert to examine your records for mistakes. They may have missed an injury or missed an issue that could be added to another condition to get a higher rating.
Even the fact that it’s been more one year since the initial rating decision, you can file an additional review or claim. This includes a review of your entire file, which can result in modifications to your effective date as well as a new rating more accurate to your feelings.
It’s also advisable to file an additional claim or higher-level review if you believe you deserve a disability rating of 100 percent or greater. A disability attorney can help you develop an argument that is convincing for this type of rating which is reserved for very severe disabilities. For example, a mental health condition might qualify you for an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that do not normally trigger this type of an assessment for a cardiovascular illness or other medical issues.
Helping with the Appeals Process
Contrary to what some may think the denial of a disability claim by the VA is not the end of an individual’s chance to recover benefits. Former military personnel have a year to appeal any decision that isn’t favorable.
A skilled veterans disability lawyer can assist a veteran to determine which of the three current appeals options is most appropriate for their particular situation. They can also help a vet get the evidence together needed to convince a higher-level reviewer that the previous decision was incorrect. They may also give a veteran a more formal hearing in before a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention you require for your claim. They also have a lot of experience handling VA disability claims, and are familiar with the rules and procedures completely. Some lawyers are veterans disability attorneys, and therefore are aware of the difficulties faced by disabled veterans disability lawsuit. This creates a distinct type of empathy, which can help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Call us today to set up an appointment for a free evaluation.