Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service proof to filing an appeal of the denial of your claim.

Choose a veterans disability attorney who is specialized in dealing with these cases, and who knows the VA's system inside and out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's proven that your condition is connected to your military service. This is called a nexus. There are many types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or nexus letter from current health care providers (especially in the case of mental health problems). There are occasions when veterans have medically determined disabilities, but cannot be service connected because of missing or incomplete documents. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and present evidence that is confirmed by independent experts.

It is much easier to prove a direct service connection if injuries or illnesses were sustained while serving in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions there is a clear connection between the two events and your current condition.

However, it is more difficult to get connected if you suffer from a pre-existing medical condition that worsened when you were in the military. To prove that your time in service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that rises to the level of "clear and undeniable" proof.

Appealing to a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant through the three options for review which include a supplemental claim, 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 experience as well as the military's culture when selecting a New York veterans' disability lawyer. This will help you feel more comfortable and eliminate the need for you to explain your experience and situations in plain language.

You should also choose a firm who will remain on your case for the entire duration of your appeal. Be wary of firms that help you with the initial stages of your case, only to then disappear.

An experienced New York veterans' disability lawyer can assist you in all stages of the claim, including appeals. They can assist you in submitting additional medical evidence, request an official hearing and represent you at any Board meetings to ensure that your case will be dealt with without prejudice. They can also assist in obtaining you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployability.

Getting a Higher Rating

It is possible that your disability gets worse or your symptoms become more severe. In this case it's sensible to seek a higher rating. A veteran disability lawyer can assist you with this process and assist you to collect evidence to prove your claim.

It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you're entitled. It's recommended to consult an expert to review your records for mistakes. They could have missed an injury or missed any issue that could have been coupled with another disability to earn an increase in rating.

Even even if it's been more than a year since your initial rating decision, you can file an additional review or claim. These can include a review of your entire record, which may result in modifications to your effective date as well as the creation of a new rating that is more precise to your personal feelings.

If you believe you're entitled to an assessment of 100 percent or higher, it's worth seeking a supplemental claim. A disability lawyer can help create a compelling case for this rating, which is reserved only for the most serious disabilities. For example an illness that is mental could be a reason to get 100% disability ratings because it could cause significant interference with employment or frequent periods of hospitalization that don't typically trigger this kind of rating for cardiovascular disease or other medical issue.

Getting Help with the Appeals Process

Contrary to what many people believe the denial of an appeal for disability by the VA isn't the end of a person's chances to collect benefits. Former military personnel have a year to appeal any decision that isn't favorable.

An experienced veteran disability attorney can help a vet determine which of the current three pathways for appeal is the best option for his particular situation. They can also assist with gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They may also give a veteran a more formal hearing in front of an Veterans Law judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim needs. They are also likely to have years of experience dealing with VA disability claims and know the rules and procedures in and out. In addition, veterans disability lawyers some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This can result in a unique type of empathy which could help in the resolution of an issue involving veterans' disability.

Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims for free to determine if we can assist you. Call us today to set up your free assessment.