veterans disability lawsuits Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the claims process.
Choose a veterans disability attorney who is specialized in handling these cases and 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 approve disability benefits if you prove that the condition you suffer from is connected to your military service. This is called a relationship. There are many types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the situation of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but are unable to be considered to be service-connected due incomplete or omitted records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed by independent experts.
It is much easier to prove a direct service connection when injuries or illnesses occurred while you were in the military. For instance, if received a head injury while serving and are now suffering headaches and concussions there is a strong connection between these events and the current condition you are suffering from.
However, it’s more difficult to be connected if you suffer from an existing medical condition that worsened when you were in the military. In order to prove that your time in military service worsened or aggravated an existing medical condition, you must supply expert medical evidence that rises to the level of “clear and irrefutable” proof.
Appealing a denied application
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will usually issue an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability attorney can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans’ Appeals.
When choosing a New York veterans disability lawyer Take into consideration whether they understand your military experience and the traditions of the armed forces. This can make the process more enjoyable and less requiring you to explain your experience and the circumstances in layman’s terms.
You’ll want a firm that will be working on your case throughout the multi-year appeals process. Be wary of firms that only help you with the initial stages of your case, and then go away.
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, request an official hearing and represent you in any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also help win you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or even unemployment.
Receiving a Better Rating
It could happen that your disability gets worse or your symptoms are more severe. In this case it is sensible to ask for an increase in your rating. A lawyer for veterans can help with that procedure, and assist you in locating evidence to prove your claim.
It’s not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you’re entitled. It’s a good idea to hire a professional to check your records for any errors. They may have overlooked an injury or omitted any issue that could have been combined with another disability to earn a higher rating.
You can still make a higher-level claim, or review if you’ve been rated for more than a calendar year. These include a review of your entire file, that could lead to changes to your effective date as well as a new rating more accurate to the feelings you have.
If you believe that you are entitled to an assessment of 100 percent, or higher, you should consider requesting a supplemental claim. A disability lawyer can help you create an argument that supports this type of rating, that is reserved for those with debilitating disabilities. For instance, a mental health condition could qualify you for 100% disability ratings because it could cause significant interruption to work or periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular disease or other medical issue.
Need Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, the fact that a VA denial of disability benefits doesn’t mean that the person has no chance of recovering benefits. In fact, a former servicemember has a year from the date the local veterans’ hospital or office mails them a denial to file an appeal.
An experienced veterans disability attorney can assist a veteran in determining which of the three pathways for appeal is best for his particular situation. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an additional formal hearing before an Veterans Law judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim deserves. They also have extensive experience dealing with VA disability claims and understand the rules and procedures in and out. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans. This can lead to a particular kind of empathy that could help in the resolution of an appeal for veterans’ disability.
The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claims free of charge to determine if we can help you. Contact us today to arrange your free evaluation.