Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to submitting an appeal of a denied claim.

Choose a veteran disability lawyer that specializes in these types of cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you suffer from is a result of your military service. This is known as a linkage. There are many types of evidence to prove the connection. This includes medical documents, independent health examinations (IME), or the nexus letters from current health care providers (especially in the case of mental health conditions). There are occasions when veterans have medically determinable disabilities, but are unable to be considered service connected due to missing or incomplete documents. These cases require the assistance of experienced New York disability attorneys who know how to present an entire case and submit evidence backed by impartial experts.

It is much easier to establish that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you have been injured in the military and you now suffer from headaches or veterans disability lawyer concussions, it is easier to prove a direct service connection.

However, it's more difficult to get service connected if you have a pre-existing medical condition that grew worse when you were in the military. To prove that your service has aggravated or exacerbated a pre-existing condition, you will need to provide expert medical evidence that is "clear and undeniable".

Appealing a Denial

After submitting an application and providing medical evidence, the VA will review the application. The VA usually issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three review options that include a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer, be sure to consider whether they are familiar with your military experience and culture of the armed forces. This can make it simpler for you and reduce the need to explain your situations and experiences in layman's language.

You also need a company that will work on your case for the entire appeals process of several years. Beware of companies that will only help you with the initial phases of your claim and then disappear.

A seasoned New York veterans' disability attorney can help you with all stages of the claim and appeals. They can assist you in submitting additional medical evidence, Veterans Disability Lawyer request an official hearing, and represent you at any Board meetings so that your case is handled without prejudice. They can also help win you benefits like cash compensations, aid or attendance benefits, educational benefits, or unemployment.

How can you get a better rating

It could happen that your disability gets worse or your symptoms are more severe. In this case it's logical to request a higher rating. A veterans disability lawyer can help with that process, and can help you find evidence to back your request.

It's not unusual for the VA make mistakes, resulting in an under-rated rating than you deserve. It's recommended to consult an expert to review your records for errors. They could have missed an injury or neglected to mention any issue that could have been combined with another disability to receive an even higher rating.

Even when it's been over a year since your initial rating decision, you still can file an additional review or claim. This could include a thorough review of your entire record, which could result in changes to your effective date as well as the creation of a new rating that is more precise to your personal feelings.

It's also worth looking into an additional claim or a higher-level review if you believe you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help develop a compelling argument for this rating that is reserved for the most serious disabilities. For example mental health issues could qualify you for 100% disability ratings because it can cause marked disturbance to your job or frequent periods of hospitalization, which don't normally trigger this type of a rating for a cardiovascular condition or other medical problem.

Getting Help with the Appeals Process

Contrary to what many believe the fact that a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. Former military personnel have a year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three appeals routes is the best option for their situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was not correct. They can even assist a veteran with a formal hearing before a Veterans Law Judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim deserves. They also have a wealth of experience in dealing with VA disability claims, and they are aware of the rules and procedures inside out. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This can lead to a particular kind of empathy that can improve the outcome of an appeal for veterans disability attorney' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can assist you. Contact us today to arrange your free assessment.