Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can assist you through the entire claims process.

Select a veteran disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside out. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits only if you prove that the condition is related to your military service. This is referred to as a nexus. There are various types of evidence you could prove this connection, veterans disability lawyers such as medical records or independent medical exams (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is confirmed by experts who are independent.

It is simpler to establish a direct service connection if injuries or veterans disability Lawyers illnesses occurred while you served in the military. If you have been injured in the military, and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.

It is harder to get service-connected if you had an existing condition that got worse while you were in military service. In order to prove that your service has aggravated or worsened an existing condition it is necessary to provide expert medical evidence that is at the level of "clear and undeniable" evidence.

Appealing an Denial

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA will usually issue the decision of approving or disapproving benefits. If the decision is unfavorable the veteran is given one year to make a notice of disagreement. A lawyer for veterans' disabilities can assist the applicant navigate the three review options that include an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experiences and the traditions of the armed forces. This can make the process more relaxed and eliminate the need for you to talk about your experiences and the circumstances in layman's terms.

You'll want a firm that will be working on your case throughout the lengthy appeals procedure. Be wary of companies that assist you with the initial phases of your case and then disappear.

A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you to get your benefits, like monetary compensation aid and attendance, education benefits or unemployability benefits.

How to get a higher rating

There may come a time that your disability becomes more severe, or your symptoms get more complicated or broad. It is logical in this situation to ask for an increase in rating. A veterans disability lawyer can help with that process, and assist you in locating evidence to prove your claim.

It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled. If they overlook an injury or miss a condition that could be linked with other disabilities to get an increase in rating, it's worth having an expert review your records to identify any mistakes.

You may still file a higher-level claim or review if you've been evaluated for more than a calendar year. These are a thorough examination of your dossier and may result in changes to your effective date or an updated rating that is more in line with how you feel.

If you believe that you are entitled to a rating of 100 percent or higher, it's worth applying for a supplemental claim. An attorney for disability can assist you in putting together an argument that supports this type of rating that is reserved for those with difficult to treat disabilities. A mental health problem for instance, might allow you to receive a 100 percent disability rating, as it could affect your job or trigger frequent hospitalizations that do not normally trigger this level for a cardiovascular issue or other medical condition.

Need help with the Appeals Process

Contrary what some believe contrary to what many may think, a VA denial of disability benefits doesn't mean that an individual is in no position to claim benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office mails them a negative decision to file an appeal.

A skilled veterans disability lawyer can help a veteran determine which of the three current pathways for appealing would be best for their case. They can also help with gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can even assist veterans with a more formal hearing before a Veterans Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim demands. They will also have extensive experience in managing VA disability claims, and they know the rules and procedure inside and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This can create a special type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to schedule your free evaluation.