Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal against a denied claim.

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

Proving Service Connection

The VA will only offer disability benefits if it is proved that your condition is directly related to your military service. This is referred to as a nexus. You can use different types of evidence to prove this connection. These include medical records, independent health exams (IME) or a nexus letter from current health care providers (especially in the case of mental health problems). There are times when veterans have medically determined disabilities, but cannot be service connected because of missing or incomplete records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and provide evidence backed by impartial experts.

It is easier to establish a direct service connection if injuries or illnesses occurred while you served in the military. If you've been injured while during your military service and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

It is harder to get service-connected if you had an existing condition that deteriorated while you were in military service. To prove that your service time 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 Denial

After filing an application and providing medical evidence The VA will review the application. It usually makes a decision that either approves or denies benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disparagement. A disability attorney for veterans can guide the claimant through the three review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Make sure you consider whether they understand your military experience and the traditions of the armed forces. This will make the process more relaxed and less requiring you to talk about your experiences and situations in plain language.

You should also find a firm who will remain on your case for the entire appeals process of several years. Be wary of firms that assist you in the first phases of your case and then go away.

An experienced New York veterans' disability attorney can assist you through every stage of your claim including appeals. They can assist you in submitting more medical evidence, request an official hearing and represent you in any Board sessions to ensure that your case will be dealt with fairly. They can also help win you benefits, such as cash compensations, aid or attendance benefits, education benefits, or unemployedness.

How do I obtain a higher rating

It could happen that your disability becomes worse or your symptoms get more severe. In such a case, it makes sense to ask for an increase in your rating. A veteran disability lawyer can assist you with this process, and also help you collect evidence to support your claim.

It's not uncommon to see the VA to make errors, which could result in a lower rating than you deserve. It's worth getting an expert to look over your records for errors. They might have missed an injury or neglected to mention an issue that could be added to another condition to get an improved rating.

Even if it's been more than a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These require a complete review of your file, and could result in the change of your effective date or a new rating that's more accurate to how you really feel.

It's also worth pursuing an additional claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or greater. A disability lawyer can help you make a convincing case for this rating which is reserved for the most serious disabilities. For instance, a mental health condition could be a reason to get an 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that do not normally trigger this type of an assessment for a cardiovascular illness or other medical issues.

Assistance with the Appeals Process

Contrary to what many believe, a VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former soldier has a year from the date the local veterans' hospital or office mails them a denial to appeal.

A skilled veterans disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be most suitable for their case. They can also assist 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 a veteran with a formal hearing before an oak grove veterans disability lawsuit Law Judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have a lot of experience in handling VA disability claims, and are familiar with the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled collierville veterans disability Law firm face. This creates a distinct type of empathy that can make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Call us today to set up your complimentary evaluation.