Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.

Choose a lawyer for veterans that is solely dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if they can prove that the condition is linked to your military service. This is referred to as relationship. There are many types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the situation of mental health conditions). There are occasions when veterans have medically determinable disabilities, but cannot be considered service connected due to missing or incomplete records. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and present evidence that is backed up by unbiased experts.

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

It is a lot more difficult to become connected to a service if you have an existing medical condition that was worsened during your military service. To prove that your service time caused or aggravated a pre-existing medical condition, you'll need to present medical evidence from an expert that is "clear and undisputed".

Appealing a Denial

After submitting an application and providing medical evidence, the VA will review the case. It usually issues a ruling that either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to make a notice of disagreement. A veteran's disability attorney can help the claimant navigate through the three review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the tradition of the armed services when selecting a New York veterans disability lawsuits' disability lawyer. This will make it easier for you and decrease the need to explain your situations and experiences in layman's terms.

You need a firm that will take on your case throughout the long appeals procedure. Beware of firms that only 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 including the appeals process. 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 in obtaining you benefits like assistance, monetary compensations and attendance benefits, education benefits, or unemployedness.

How to get a higher rating

It may happen that your disability gets more severe or your symptoms become more severe. It makes sense in this scenario to ask for a higher rating. A veteran disability lawyer can assist you with this process and help you collect evidence to back your claim.

It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. In the event that they fail to notice an injury that you suffer from or overlook a problem that could be combined with other disabilities to earn an improved rating, it's worth having a professional look over your records to spot any errors.

Even the fact that it's been more one year since you made your initial rating decision, you still have the option of filing an additional review or claim. These require a complete review of your file and can result in an amendment to your effective date or an entirely new rating that's more accurate to what you really feel.

It's also worth looking into an additional claim or higher-level review if you are entitled to a disability rating of 100 percent or greater. A disability lawyer can help build a strong case for this rating, which is reserved only for the most severe of disabilities. A mental health problem for instance, might be a reason to get a 100 percent disability rating because it can interfere with employment or trigger frequent hospitalizations that would not normally trigger this level for a cardiovascular issue or other medical condition.

Helping with the Appeals Process

Contrary what some believe the fact that an VA denial of disability benefits does not mean that the person is in no position to claim benefits. Former military personnel have a year to appeal the decision if it is not favorable.

A skilled veterans disability attorney can help a vet determine which of the current three pathways for appeal would be the most appropriate for his particular case. They can also help a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They may even be able to provide veterans with a more formal hearing before an Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They also have extensive experience managing VA disability claims, and they are aware of the rules and procedures inside out. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This creates a unique kind 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 to arrange your free evaluation.