Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From gathering medical and service evidence to filing an appeal of a claim that has been denied.

Select a veteran disability attorney that is experienced in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition you have is linked to your military service. This is referred to as a relationship. You can use different types of evidence to prove this connection. These include medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the situation of 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 are able to present an entire case and submit evidence that is backed up by independent experts.

It is simpler to establish a direct service connection if injuries or illnesses occurred while you served in the military. For example, if you received a head injury in the course of your service and suffer headaches and concussions there is a clear connection between the events that led to your current health condition.

However, it's harder to get connected if you suffer from a pre-existing medical condition that grew worse while in the military. In order to prove that your service aggravated or made worse an existing illness You must present expert medical evidence that rises to the level of "clear and unmistakable" evidence.

Appealing to a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling which either approves or denies benefits. If the decision isn't favorable, the veteran has a year to submit a notice of disagreement. A veteran's disability attorney can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability attorney disability lawyer, be sure to consider whether they are familiar with your military experience and military's culture. This will make the process more comfortable and reduce the need for you to talk about your experiences and situations in plain language.

You need a firm that will be working on your case throughout the lengthy appeals process. Beware of firms that only help you with the initial stages of your claim and then go away.

An experienced New York veterans' disability lawyer can assist you in all phases of the claim, including appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist you in obtaining you benefits like cash compensations, aid or attendance benefits, educational benefits, or unemployability.

Achieving a Higher Rating

There may be a point where your disability gets more severe, or your symptoms get more complex or broader. In that case, it makes sense to seek an increase in your rating. A veterans disability lawyer can assist with this process, and assist you in locating evidence to back your request.

It's not uncommon for the VA to make mistakes that result in an lower disability rating than you're entitled. It's worth getting an expert to look over your records for mistakes. They might have missed an injury or omitted any issue that could have been coupled with another disability to earn an increase in rating.

Even the fact that it's been more a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These include a review of your entire record, which can result in modifications to the effective date of your claim and a new rating more accurate to your feelings.

If you think you're worthy of a rating of 100 percent, or higher, it's worth applying for a supplemental claim. A disability lawyer can assist you to develop a compelling argument for this rating which is reserved for the most serious disabilities. For example, a mental health condition could be a reason to get an absolute disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization that do not normally trigger this type of a rating for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Contrary to what some may think that denying claims for disability by the VA isn't the end of an individual's ability to receive benefits. Former veterans have one year to appeal the decision if it is not favorable.

A skilled veterans disability lawyer can assist a veteran to determine which of the three current appeals routes is most appropriate for their particular situation. They can also help an individual vet put the evidence together needed to convince a higher level reviewer that their previous decision was wrong. They can even assist veterans 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'll give you the attention and care that your claim needs. They also have years of experience dealing with VA disability claims, and they know the rules and procedures in and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates a unique kind of empathy, which can help improve the outcome of a veterans disability case.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims free of charge to determine whether we can assist you. Call us today to set up your complimentary evaluation.