mauston veterans disability attorney Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From gathering evidence of medical and other service to filing an appeal against an appeal denied.

Choose a veterans disability attorney 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 gets the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition you suffer from is a result of your military service. This is known as a linkage. There are a variety of evidence you can prove the connection, including medical records, independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but they are not able to be service connected because of incomplete or omitted records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by unbiased experts.

It is easier to prove the direct connection between your service and injuries or illnesses which occurred while in the military. For instance, if you received a head injury during your time in service and you are suffering headaches and concussions, there is a clear link between the two events and your current condition.

However, it is more difficult to get service connected if you have a pre-existing medical condition that worsened when you were in the military. To prove that your time in the military caused or aggravated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a denied application

After filing an application and submitting medical evidence, the VA will review the case. It usually issues a decision that either approves or denies benefits. If the decision is not in favor the veteran is given one year to submit a Notice of Disagreement. A veterans disability attorney can guide the claimant through the three review options - a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences and the culture of the armed services when choosing the New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the need to explain your situations and experiences in layman's terms.

You also need a company that will continue to work on your case throughout the entire duration of your appeal. Beware of companies that will only assist you with the initial stages of your claim and then go away.

An experienced New York veterans disability attorney can assist with 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 that your case is handled fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, educational benefits or unemployed benefits.

Earning a higher rating

It is possible that your disability gets worse or your symptoms get more severe. In this case it's sensible to request an increase in your rating. A lawyer for veterans disability lawsuit' disability can assist you in this process, and they can help you dig up evidence to support your request.

It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. If they miss an injury or ignore a condition that could be linked with other disabilities to receive an increase in rating It's a good idea to have a professional look over your records to find any errors.

Even if it's been more than one year since the initial rating decision, you can file a higher-level review or supplemental claim. These involve a full review of your file, and veterans disability attorney could result in changes to your effective date or an entirely new rating that's more accurate to how you truly feel.

It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or more. A disability lawyer can help you create a compelling case for this rating, which is reserved only for the most debilitating disabilities. For example an illness that is mental could be a reason to get a 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization. These don't usually trigger this level of a rating for a cardiovascular illness or other medical issues.

Assistance with the Appeals Process

Contrary what some believe the fact that an VA denial of disability benefits doesn't mean that an individual is not eligible for benefits. Former veterans have one year to appeal the decision if it is not favorable.

An experienced veterans disability attorney can assist a veteran to determine which of the current three appeals options is best for his particular case. They can also help a vet get the evidence they need to convince a higher level reviewer that the previous decision was incorrect. They can also provide a veteran with an extra formal hearing before a Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim needs. They also have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures in and out. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This can create a special type of empathy which can sometimes improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Contact us today to set up an evaluation for free.