alamosa veterans disability law firm Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and Vimeo service evidence to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Choose a lawyer for veterans who limits their practice to dealing with these cases, and who knows the VA’s system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it can be established that your condition is linked to your military experience. This is known as a “nexus. There are many types of evidence you could prove this connection, including medical records as well as independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to present a complete claim and present evidence that is backed by experts who are independent.
It is easier to establish a direct connection if injuries or illnesses were sustained while serving in the military. If you’ve been injured while in the military, and now suffer from headaches or concussions, it’s easier to establish a direct connection to the service.
It is a lot more difficult to become service-connected if you had an existing condition that got worse while you were in military service. In order to prove that your time in military service worsened or aggravated a pre-existing illness you must provide a doctor’s medical evidence that is at the level of “clear and unmistakable” proof.
Appealing a 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 isn’t favorable, the veteran has one year to file a complaint. A disability lawyer for veterans can assist the claimant through the three decision review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans’ Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the tradition of the armed services when choosing the New York veterans’ disability lawyer. This can make it simpler for you and lessen the necessity to explain your circumstances and experiences in layman’s.
You’ll want a firm that will be working on your case throughout the multi-year appeals process. Be wary of firms that assist you with the initial stages of your claim, and then go away.
A seasoned New York veterans’ disability attorney can assist you through all phases of the claim, including appeals. They can help you submit more medical evidence, file an official hearing, and also represent you at any Board meetings so that your case will be dealt with in a fair manner. They can also assist in obtaining you benefits such as assistance, monetary compensations and attendance benefits, education benefits, or even unemployment.
How can you get a better rating
It is possible that your disability gets worse or your symptoms get more severe. In that situation it is sensible to seek a higher rating. A veteran disability lawyer can assist you in this process and assist you to collect evidence to support 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 to. It’s worth getting a professional to check your records for mistakes. They may have overlooked an injury or missed the issue that could be combined with another disability to get an even higher rating.
Even when it’s been over one year since your initial rating decision, you still have the option of filing an additional review or claim. These involve a full review of your file and can result in the change of your effective date or an entirely new rating that’s more accurate to how you really feel.
If you believe that you are entitled to a rating of 100 percent or higher, it’s worth applying for a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is only available for the most severe of disabilities. A mental health issue, for example, may make you eligible for a 100 percent disability rating, as it can hinder employment or result in frequent hospitalizations that don’t normally trigger this level of a cardiovascular problem or other medical issues.
Need Help with the Appeals Process
Contrary to what some may believe, the denial of claims for disability by the VA isn’t the end of a person’s chances to get benefits. In fact, a former veteran can wait one year from date that their local veterans hospital or office mails them an unfavorable determination to appeal.
An experienced veterans disability attorney can help a vet determine which of the current three pathways for appeal would be best for his particular situation. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with an opportunity to have a formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have a lot of experience dealing with VA disability claims, and they are aware of the rules and procedure inside out. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled st helena veterans disability attorney have to face. This creates a unique kind of empathy that can sometimes help improve the outcome of a disability claim for veterans.
Sullivan & Kehoe’s team of experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Call us today to set up your free assessment.