Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal against the denial of your claim.

Choose a veterans disability lawsuit disability attorney who is specialized in handling these cases and knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition you have is connected to your military service. This is referred to as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health assessments (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health conditions). There are instances when veterans have medically determined disabilities, but cannot be considered to be service-connected due the absence of or insufficient documents. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and provide evidence backed by impartial experts.

It is much easier to prove a direct connection when illnesses or injuries occurred while you were in the military. For instance, if were struck in the head in the course of your service and suffer headaches and concussions there is a direct link between those events and your current condition.

However, it is more difficult to be connected if you suffer from an existing medical condition that worsened while you were in the military. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to present medical evidence from an expert that is "clear and undisputed".

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disparagement. A veterans disability attorney can help the claimant navigate through the three review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the military's culture when choosing a New York veterans disability lawsuit' disability lawyer. This can make it easier for you and decrease the necessity to explain your circumstances and experiences in layman's terms.

You want a company that will be working on your case throughout the long appeals process. Beware of firms who only help you with the initial stages of your claim, and then go away.

An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you win you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployment.

Getting a Higher Rating

There may come a time where your disability gets more severe or your symptoms become more difficult or wider. It is logical in this case to request an increase in your rating. A veteran disability lawyer can assist you with this process and assist you to gather evidence to prove your claim.

It's not uncommon to see the VA make mistakes, resulting in receiving a lower score than you deserve. It's recommended to consult an expert to look over your records for any errors. They may have missed an injury or neglected to mention an issue that could be combined with another disability to earn a higher rating.

Even when it's been over one year since the initial rating decision, you still can file an additional review or claim. These can include a review of your entire file which can result in modifications to the effective date of your claim and a new rating more accurate to the feelings you have.

If you believe that you are entitled to an assessment of 100 percent or higher, it's worth applying for a supplemental claim. A disability attorney can help you develop an argument that is convincing for this type of rating, which is reserved for very difficult to treat disabilities. A mental health problem for instance, might make you eligible for a 100 percentage disability rating since it can hinder employment or trigger frequent hospitalizations that don't normally trigger this level of a cardiovascular issue or other medical condition.

Helping with the Appeals Process

Despite what some think that denial of an application for disability benefits by the VA is not the end of an individual's ability to collect benefits. Former military personnel have a year to appeal an outcome that is not favorable.

A skilled veterans disability law firms disability attorney can assist a veteran in determining which of the three pathways for appeal would be best for his situation. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer that the previous decision was not right. They can also provide a veteran with an additional formal hearing before a Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They are also likely to have a wealth of experience in dealing with VA disability claims and know the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates an unique type of empathy, which can improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us today to arrange an evaluation for free.