hempstead veterans disability lawsuit Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal of a claim that has been denied.
Select a veteran disability attorney that is experienced in these types of cases and is familiar with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits only if you prove that the condition you suffer from is related to your military service. This is referred to as a nexus. You can use different types of evidence to prove this connection. These include medical records, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the situation of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered to be service-connected due incomplete or omitted records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is supported by independent experts.
It is much easier to prove an immediate connection with your service to illnesses or injuries that occurred while in the military. For instance, if suffered head injuries while serving and are now suffering from concussions and headaches, there is a strong connection between the two events and the current condition you are suffering from.
It is difficult to be service-connected if you had a pre-existing condition that worsened during your military service. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence that is “clear and undisputed”.
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical proof. The VA will usually issue a decision approving or denying benefits. If the decision isn’t favorable, the veteran has one year to file a complaint. A disability attorney for veterans can guide the claimant through the three review options – an additional claim or a higher-level review, or an direct appeal before the Board of Veterans’ Appeals.
When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experience and traditions of the armed forces. This can make things easier for you and lessen the necessity to explain your circumstances and experiences in a layman’s way.
You should also choose a firm who will remain on your case throughout the entire duration of your appeal. Beware of firms that assist you in the initial stages of your claim and then vanish.
A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win you benefits, such as cash compensations, aid or education benefits, attendance benefits, or unemployability.
How can I get a better rating
There could be a point when your disability becomes more serious, or your symptoms get more complex or broader. It makes sense in this instance to seek an increase in the rating. A veterans disability lawyer can help with that process, and can assist you in finding evidence to support your request.
It’s not uncommon to see the VA to make mistakes that result in receiving a lower score than you deserve. It’s worth getting an expert to review your records for mistakes. They might have missed an injury or neglected to mention a problem which could be coupled with another disability to get 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 require a complete review of your file, and could result in a change to your effective date or an updated rating that is more accurate to what you feel.
It’s also worth pursuing an additional claim or a higher-level review if you’re entitled to a disability grade of 100 percent or higher. A disability attorney can help you develop an argument that supports this type of rating, that is reserved for those with debilitating disabilities. For example an illness that is mental might qualify you for an 100% disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization. These don’t normally trigger this type of the rating for a heart disease or other medical issue.
Need Help with the Appeals Process
Despite what some believe that denying an application for disability benefits by the VA isn’t the end of an individual’s ability to receive benefits. In fact, a former servicemember is given one year from the date that their local veterans hospital or office mails them a decision that is not favorable to file an appeal.
An experienced arlington veterans disability attorney disability lawyer can help a veteran decide which of the three current appeals routes is most appropriate for their particular situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have extensive experience dealing with VA disability claims, and are familiar with the rules and procedures inside and out. Some lawyers are veterans, so they know the challenges that disabled veterans face. This creates a unique kind of empathy that can sometimes help improve the outcome of a case involving a disabled veteran.
Sullivan & Kehoe’s team of highly trained lawyers can review your VA disability claim for free to determine whether we can help you. Contact us today to arrange your free evaluation.