Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From collecting medical and service proof to filing an appeal against the denial of your claim.

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

Proving Service Connection

The VA will only provide disability benefits only if you prove that the condition you have is related to your military service. This is referred to as a nexus. You can make use of various types of evidence to prove the connection. These include medical documents, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the case of mental health problems). There are instances that veterans suffer from medically-determined disabilities, but cannot be service connected because of incomplete or omitted records. These cases require the assistance of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is confirmed by experts who are independent.

It is simpler to establish a direct service connection when injuries or illnesses occurred while you were in the military. For instance, if received a head injury while serving and are now suffering from concussions and headaches, there is a clear connection between those events and your current condition.

However, it is more difficult to get connected if you have an existing medical condition that grew worse during your time in the military. To prove that your service time has aggravated or exacerbated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and irrefutable".

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 a decision approving or denying benefits. If the decision is not in favor the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant through the three review options -- the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they understand your military experience and traditions of the armed forces. This can make the process more enjoyable and eliminate the need for you to explain your experiences and situations in plain language.

You should also choose a firm who will continue to work on your case throughout the entire duration of your appeal. Be wary about firms that assist you with the initial stages of your claim and then go away.

An experienced New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence or 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 like assistance, monetary compensations and education benefits, attendance benefits, or unemployability.

How do I obtain a higher rating

There could be a point when your disability becomes more serious, or your symptoms get broader or more challenging. It is logical in this situation to ask for an increase in rating. A veterans disability lawyer can assist with this process, and can assist you in finding evidence to back your request.

It's not unusual for the VA to make mistakes that result in a lower rating than you deserve. It's worth contacting a professional to check your records for errors. They could have missed an injury or neglected to mention the issue that could be combined with another disability to earn an increase in rating.

You are still able to file a higher-level claim and review if you've been evaluated for more than a calendar year. This includes a review of your entire file, that could lead to modifications to your effective date as well as a new rating that is more corresponding to what you feel.

If you think you're worthy of an assessment of 100 percent, or higher, you should consider seeking a supplemental claim. An attorney for disability can help you put together a compelling argument for this type of rating, which is reserved only for difficult to treat disabilities. A mental health issue such as depression, for instance, could qualify you for a 100 percent disability rating because it can interfere with employment or trigger frequent hospitalizations that don't normally trigger this level for a heart problem or any other medical condition.

Help with the Appeals Process

Contrary to what some believe, an VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. In fact, a former military member is given one year from the date that their local veterans disability law firm hospital or office mails them a negative decision to file an appeal.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current pathways for appealing would be best for their case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that the previous decision was not right. They can even provide veterans with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have a wealth of experience in managing VA disability claims, and they are aware of the rules and procedures completely. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique type of empathy that 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 help you. Contact us today for an appointment for a free evaluation.