Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From assembling medical and service evidence to submitting an appeal of a denied claim.

Choose a lawyer for veterans that is solely 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 it is established that your condition is linked to your military experience. This is referred to as a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health exams (IME), or the nexus letters from current health care providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is backed by experts who are impartial.

It is easier to establish a direct connection when injuries or illnesses occurred during your time in the military. If you were injured in the military, and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.

It is a lot more difficult to become service-connected if there was an existing medical condition that was worsened while you were in military service. To prove that your military service worsened or aggravated a pre-existing illness it is necessary to provide expert medical evidence that rises to the level of "clear and unmistakable" evidence.

Appealing a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA usually issues an approval or denial of 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 in navigating the three options for review which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experiences and the culture of the armed forces. This can make the process more enjoyable and eliminate the need for you to explain your experience and circumstances in plain English.

You'll want a firm that will take on your case through the lengthy appeals procedure. Be wary of companies that assist you in the initial stages of your case, only to 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 and request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also help you claim benefits including monetary compensation, aid and attendance, education benefits or unemployability benefits.

Getting a Higher Rating

It is possible that your disability becomes worse or your symptoms are more severe. In that situation it's sensible to request an increase in your rating. A veterans disability lawyer can assist with this process, and they can help you dig up evidence to back your request.

It's not unusual for the VA to make mistakes that result in being awarded a lower rating than what you deserve. If they overlook an injury you've suffered or miss a condition that could be a combination of other disabilities to receive an improved rating It's worthwhile to have an expert look over your records to spot any mistakes.

Even when it's been over one year since your initial rating decision, you have the option of filing an additional review or claim. These include a review of your entire record, that could lead to modifications to your effective date, as well as an updated rating that is more true to your feelings.

If you think you're worthy of an assessment of 100 percent or higher, consider requesting a supplemental claim. A disability attorney can help you put together an argument that is convincing for this type of rating, which is reserved for very difficult to treat disabilities. A mental health problem, for example, may make you eligible for a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations which don't normally trigger this level for a cardiovascular issue or other medical condition.

Assistance with the Appeals Process

Despite what some believe that denying a disability claim by the VA is not the end of an individual's chances to collect benefits. In fact, a former military member has a year from the date that the local veteran's hospital or office sends them an unfavorable determination to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current ways to appeal is most appropriate for their particular situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can even assist veterans with a formal hearing before a Veterans Law Judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim needs. They also have a vast experience handling VA disability claims and know the rules and procedures inside and out. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This can result in a unique kind of empathy that could help in the resolution of an appeal for veterans' disability.

The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Contact us today to arrange your free evaluation.