Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal of a claim that has been denied.

Choose a veterans disability attorney 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 approve disability benefits if you prove that the condition you have is a result of your military service. This is known as a nexus. You can make use of various types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or an nexus note from current health care providers (especially in the case of mental health problems). There are instances when veterans have medically determinable disabilities, but they cannot be considered to be service-connected due insufficient or missing documents. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence backed by impartial experts.

It is much easier to establish direct service connection for illnesses or injuries that occurred while 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 a lot more difficult to become connected to a service if you have an existing condition that deteriorated during your military service. In order to prove that your time in military service worsened or veterans disability attorney aggravated an existing illness, you must supply expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is not in favor the veteran has one year to make a notice of disagreement. A veterans disability attorney can assist the claimant through the three review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and the army's culture. This can make the process more enjoyable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.

You want a firm who will take on your case through the lengthy appeals process. Be wary of companies that assist you with the initial stages of your claim and then go away.

An experienced New York veterans' disability lawyer can assist you in all stages of the claim and appeals. They can help you submit more medical evidence, ask for an official hearing and assist you at any Board meetings to ensure your case will be handled in a fair manner. They can also help you claim benefits such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

How to get a higher rating

There may come a time when your disability becomes more serious or your symptoms become more difficult or wider. It makes sense in this scenario to ask for a higher rating. A veteran disability lawyer can help you in this process and help you collect evidence to prove your claim.

It's not uncommon for the VA to make errors, which could result in an under-rated rating than you deserve. In the event that they fail to notice an injury you've suffered or overlook a problem that could be linked with other disabilities in order to get an improved rating It's a good idea to have a professional look over your records to spot any mistakes.

Even when it's been over a year since your initial rating decision, you still can file an additional review or claim. These require a complete review of your file and can result in the change of your effective date or an entirely new rating that's more accurate to how you feel.

It's also worth looking into a supplemental claim or higher-level review if you are entitled to a disability rating of 100 percent or more. A disability lawyer can help you create an argument that is convincing for this kind of rating, which is reserved only for serious disabilities. For instance the mental health issue could qualify you for 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization that do not typically trigger this kind of the rating for a heart illness or other medical issues.

Need Help with the Appeals Process

Contrary to what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. Former service members have a year to appeal a decision that is not favorable.

An experienced attorney for veterans can assist a vet in determining which of the three appeals options would be the most appropriate for his particular situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even provide a veteran with a formal hearing before an Veterans Law Judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim demands. They also have extensive experience dealing with VA disability claims and understand the rules and procedures in and out. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy, which can help improve the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today to set up your free evaluation.