Veterans Disability Lawyers

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

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

Proving Service Connection

The VA will only award disability benefits if you prove that the condition you suffer from is connected to your military service. This is called a relationship. You can use different types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or the nexus letters from current health care providers (especially in the case of mental health problems). There are instances where veterans are diagnosed with medical disabilities, but cannot be service connected because of incomplete or omitted records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed up by independent experts.

It is much easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For example, if you received a head injury during service and now suffer from concussions and headaches, there is a clear connection between the two events and the current condition you are suffering from.

It is more difficult to be connected to a service if you have an existing medical condition that was worsened during your military service. To prove that your time in service worsened or aggravated an existing illness, you must supply expert medical evidence that is at the level of "clear and irrefutable" proof.

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA typically issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran has one year to file a complaint. A veterans disability lawyer can assist the claimant through the three review options which include an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military background and traditions of the armed forces. This can make things easier for you and lessen the need to explain your situations and experiences in layman's language.

You'll want a firm that will take on your case throughout the lengthy appeals procedure. Be wary of firms that assist you in the first stages of your claim, and then disappear.

An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. 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 assist in obtaining you benefits, such as cash compensations, aid or education benefits, attendance benefits, or unemployment.

Receiving a Better Rating

There could be a point that your disability becomes more severe, or your symptoms get more complicated or broad. It makes sense in this instance to seek a higher rating. A veterans disability lawyer can assist with this process, and they can help you find evidence to back your request.

It's not unusual for the VA to make mistakes that result in an under-rated rating than you deserve. It's recommended to consult an expert to examine your records for any errors. They might have missed an injury or left out any issue that could have been combined with another condition to get an improved rating.

You may still file a higher-level claim or review if you have been given a rating for more than one calendar year. These are a thorough examination of your dossier and may result in the change of your effective date or an updated rating that is more accurate to how you really feel.

It's also worth seeking an additional claim or a more thorough review if you're trying to argue that you deserve a disability rating that is 100 percent or more. A disability lawyer can help you create a compelling case for this rating which is only available for the most serious disabilities. A mental illness like this one, for instance, may qualify you for a 100 percentage disability rating since it can hinder employment or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or other medical issues.

Help with the Appeals Process

Contrary to what many people think the denial of an application for disability benefits by the VA is not the end of an individual's chances to get benefits. In fact, a former military member has a year from the date that their local veterans hospital or office mails them an unfavorable determination to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three ways to appeal is most appropriate for their particular situation. They can also assist veterans gather the evidence needed to convince a higher level reviewer that their previous decision was not correct. They can even provide veterans with a more formal hearing before a Veterans Law Judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They also have a lot of experience in managing VA disability claims, and they know the rules and procedure inside out. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans have to face. This creates a distinct type of empathy that may help improve the outcome of a veterans disability case.

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