This Is A Veterans Disability Law Success Story You'll Never Believe
Jefferey Montague asked 2 weeks ago
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal against a denied claim.
Choose a veterans disability attorney who is specialized in dealing with these cases and Veterans Disability Lawyer who is familiar with the VA system from head to toe. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is established that your condition is connected to your military service. This is referred to as connection. There are many types of evidence to prove the connection. This includes medical records, independent health exams (IME) or a an nexus letter from your current health care providers (especially in the case of mental health conditions). There are occasions where veterans are diagnosed with medical disabilities, but cannot be considered service-connected due to the absence of or insufficient documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by unbiased experts.
It is much easier to prove direct service connection for illnesses or injuries that occurred while in the military. For example, if you were hit in the head during your time in service and you are suffering headaches and concussions there is a direct link between those events and the current condition you are suffering from.
However, it is more difficult to get connected if you have an existing medical condition that worsened while you were in the military. To show that your time in service has aggravated or exacerbated a pre-existing medical condition, you’ll need to present medical evidence from an expert that is “clear and irrefutable”.
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three decision review options which include a supplemental claim, higher-level review or a direct appeal to the Board of Veterans’ Appeals.
When selecting the right New York veterans disability lawyer Make sure you consider whether they can understand your military background and culture of the armed forces. This will make it easier for you and lessen the requirement to explain your situation and experiences in a layman’s way.
You want a company that will handle your case throughout the long appeals procedure. Beware of firms that help you with the initial stages of your case, 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 assist you in submitting more medical evidence, file an official hearing and represent you at any Board meetings so that your case will be handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Receiving a Better Rating
It is possible that your disability gets more severe or your symptoms become more severe. In that case it’s logical to seek an increase in your rating. A veterans disability lawyer can assist you in this process, and can assist you in locating evidence to support your request.
It’s not uncommon to see the VA to make mistakes that result in an under-rated rating than you deserve. It’s a good idea to hire a professional to check your records for errors. They may have missed an injury or left out any issue that could have been coupled with another disability to get a higher rating.
Even even if it’s been more than one year since the initial rating decision, you still can file a higher-level review or supplemental claim. These include a review of your entire file that could lead to changes to your effective date, as well as a new rating that is more corresponding to the feelings you have.
If you think you’re worthy of an assessment of 100 percent, or higher, it’s worth making a claim for supplemental benefits. A disability attorney can help you develop a convincing argument for this kind of rating, that is reserved for those with debilitating disabilities. A mental illness for instance, might be a reason to get a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations that would not normally trigger this level for a cardiovascular issue or other medical condition.
Getting help with the Appeals Process
Contrary to what many people think that denial of an application for disability benefits by the VA isn’t the end of an individual’s ability to receive benefits. Former service members have one year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current pathways for appealing would be the best option for their situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can even provide veterans with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention that your claim needs. They are also likely to have extensive experience handling VA disability claims and know the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means that they understand the issues disabled veterans face. This creates a unique type of empathy, which can make a difference in the outcome of a case involving a disabled veteran.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims for free to determine if we can assist you. Call us today to schedule your complimentary evaluation.