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 an appeal denied.

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

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition you suffer from is linked to your military service. This is referred to as a nexus. There are many types of evidence that you can use to show this connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health conditions). There are times when veterans disability attorneys have medically determinable disabilities, but they cannot be considered service-connected due to incomplete or omitted records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and submit evidence that is backed up by independent experts.

It is simpler to establish a direct connection when injuries or illnesses occurred during your time in the military. If you have been injured in the military, and now suffer from headaches or concussions, it's easier to establish a direct connection to the service.

It is harder to get service-connected if you had an existing medical condition that was worsened while you were in military service. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to provide expert medical evidence that is "clear and undeniable".

Appealing a Denial

After filing an application and submitting medical evidence The VA will examine the case. It usually issues a ruling which either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the applicant navigate the three decision review options including an additional claim, a 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 selecting a New York veterans' disability lawyer. This can make it easier for you and reduce the necessity to explain your circumstances and experiences in a layman's way.

You'll want a firm that will be working on your case throughout the long appeals process. Beware of firms that only assist you in the first stages of your claim and then disappear.

An experienced New York veterans' disability attorney can assist you at every stage of your claim, including appeals. They can assist you in submitting additional medical evidence, request an official hearing, and represent you at any Board meetings so that your case is handled fairly. They can also assist in obtaining you benefits like assistance, monetary compensations and education benefits, attendance benefits, or unemployedness.

Achieving a Higher Rating

There might come a time that your disability becomes more severe or your symptoms become more complex or broader. In such a case it's logical to request a higher rating. A lawyer for veterans can assist in that process, and can help you dig up evidence to support your request.

It's not uncommon for the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth getting an expert to examine your records for mistakes. They may have missed an injury or neglected to mention any issue that could have been added to another disability to get a higher rating.

You may still make a higher-level claim, or review if you've been rated for more than a calendar year. This involves a thorough review of your file. It could result in the change of your effective date or a new rating that's more accurate to what you feel.

If you think you're worthy of an assessment of 100 percent, or higher, it's worth applying for a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating, which is reserved only for the most severe of disabilities. For example mental health issues could be a reason to get 100% disability ratings because it could cause significant disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of rating for cardiovascular illness or other medical issues.

Getting help with the Appeals Process

Contrary to what some may believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. In fact, a former veteran has one year from the date the local veterans' hospital or office sends them an unfavorable determination to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current appeals options is the best option for their situation. They can also assist a vet get the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can even assist veterans with a more formal hearing before an Veterans Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim demands. They also have a lot of experience dealing with VA disability claims, firms and they are aware of the rules and procedure inside and out. Additionally, some lawyers are veterans themselves, which means they are aware of the difficulties disabled veterans face. This can result in a unique type of empathy which can improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for free to determine if we are able to help you. Call us today to schedule an appointment for a free evaluation.