Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From assembling medical and service evidence to submitting an appeal of an appeal denied.

Choose a veteran disability lawyer who specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case is given the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if you prove that the condition you suffer from is related to your military service. This is known as a relationship. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health problems). There are occasions where veterans are diagnosed with medical disabilities, but cannot be service connected because of the absence of or insufficient records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.

It is much easier to establish a direct service connection if injuries or illnesses occurred during your time in the military. If you suffered injuries 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 there was an existing condition that deteriorated while you were in military service. In order to prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing a Denied Application

After filing an application and submitting medical evidence, the VA will examine the case. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to make a formal complaint. A lawyer for veterans disability lawsuit' disabilities can assist the claimant through the three decision review options including an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience and the military's culture when selecting the New York veterans' disability lawyer. This will make the process more comfortable and less requiring you to talk about your experiences and situations in layman's terms.

You should also find a firm that will work on your case for the entire multi-year appeals process. Beware of firms that only assist you in the first stages of your claim, and then disappear.

A seasoned New York veterans' disability attorney can help you with all stages of the claim including appeals. They can help you submit more medical evidence, file an official hearing, and also represent you in any Board sessions to ensure that your case will be handled in a fair manner. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployability benefits.

How to get a higher rating

It could happen that your disability gets more severe or your symptoms become more severe. In such a case it's sensible to request a higher rating. A veteran disability lawyer can help you in this process and help you collect evidence to support your claim.

It's not common for the VA to make mistakes that result in an under-reported disability rating than you deserve. It's worth contacting an expert to look over your records for mistakes. They may have overlooked an injury or neglected to mention a problem which could be added to another disability to earn an increase in rating.

Even when it's been over a year since your initial rating decision, you still can file a higher-level review or supplemental claim. This involves a thorough review of your dossier and may result in an amendment to your effective date or a new rating that's more accurate to how you truly feel.

It's also worth pursuing a supplemental claim or higher-level review if you deserve a disability rating of 100 percent or higher. A disability lawyer can help you put together an argument that supports this type of rating which is reserved for extremely debilitating disabilities. For instance, a mental health condition might qualify you for 100% disability ratings due to the fact that it causes significant disruption to your work or frequent periods of hospitalization, which don't normally trigger such the rating for a heart illness or other medical issues.

Need Help with the Appeals Process

Contrary to what some may believe contrary to what many may think, an VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. In fact, a former soldier has a year from the date that the local veteran's hospital or office sends them a decision that is not favorable to appeal.

An experienced attorney for veterans can assist a vet in determining which of the three options for appeal is the best option for his particular case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even provide veterans disability attorneys 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 attention and care that your claim deserves. They also have extensive experience handling VA disability claims, and they are aware of the rules and procedures inside out. Some attorneys are veterans, and firms therefore are aware of the difficulties that disabled veterans face. This can create a distinct type of empathy which can sometimes improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can assist you. Call us today to set up your complimentary evaluation.