Veterans Disability Lawyers

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

Choose a veteran disability lawyer that is experienced in these cases and is well-versed with the VA system. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you have is related to your military service. This is known as a nexus. There are many types of evidence you could prove this connection, such as medical records and independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and provide evidence backed by unbiased experts.

It is much easier to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. For instance, if you received a head injury in the course of your service and suffer from concussions and headaches, there is a direct link between those events and your current health condition.

It is difficult to be service-connected if there was a pre-existing condition that worsened while you were in military service. To show that your time in service has aggravated or exacerbated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing an Denial

After filing an application and providing medical evidence after which the VA will review the case. The VA will typically issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran has one year to submit a notice of disagreement. A veteran's disability attorney can guide the claimant through the three review options - a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.

When selecting the right New York veterans disability lawyer Be sure to think about whether they understand your military experience and the traditions of the armed forces. This can make the process more relaxed and less demanding for you to talk about your experiences and circumstances in plain English.

You should also choose a firm who will remain on your case for the entire appeals process of several years. Beware of firms that only assist you in 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 help you win your benefits, including monetary compensation, aid and attendance, educational benefits or unemployment benefits.

How do I obtain a higher rating

It could be that your disability becomes worse or your symptoms are more severe. It makes sense in this instance to seek an increase in the rating. A veteran disability lawyer can assist you in this process and help you gather evidence to support your claim.

It's not unusual for the VA to make mistakes that result in an lower disability rating than you're entitled to. It's worth getting an expert to look over your records for errors. They could have missed an injury or left out 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 can file an additional review or claim. This involves a thorough review of your file, and could result in changes to your effective date or an updated rating that is more accurate to what you feel.

It's also advisable to file a supplemental claim or higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help you build a strong case for this rating that is reserved for the most serious disabilities. A mental health issue for instance, might allow you to receive a 100 percentage disability rating since it could hinder your employment or result in frequent hospitalizations that do not normally trigger this level of a cardiovascular issue or other medical condition.

Assistance with the Appeals Process

Despite what some believe that denial of an appeal for disability by the VA isn't the end of an individual's chance to receive benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office sends them a decision that is not favorable to appeal.

An experienced veterans disability law firm disability attorney can assist a veteran to determine which of the three pathways for appeal would be the most appropriate for his particular case. They can also assist a vet get the evidence they need to convince a higher-level reviewer that their previous decision was not correct. They may also give a veteran an additional formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have a lot of experience dealing with VA disability claims, and are familiar with the rules and procedure in detail. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This can create a distinct kind of empathy that can improve the outcome of the case of a disabled veteran.

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