Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of a denied claim.

Choose a veteran disability lawyer that specializes in these cases and is well-versed with the VA system. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits when it can be proven that your condition is directly related to your military service. This is known as a nexus. There are a variety of evidence you can demonstrate this connection, including medical records or independent medical exams (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and submit evidence that is backed up by independent experts.

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

However, it is more difficult to be connected if you have a pre-existing medical condition that became worse while you were in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undisputed".

Appealing a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. The VA typically issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran has a year to make a formal complaint. A veterans disability attorney can help the claimant navigate through the three review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experience and traditions of the armed forces. This can make things easier for you to understand and reduce the requirement to explain your situation and experiences in layman's.

You should also find a firm who will continue to work on your case for the entire duration of your appeal. Be wary of firms that only 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 additional medical evidence, request an official hearing, and represent you in any Board meetings to ensure your case will be handled without prejudice. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployability benefits.

How to get a higher rating

It may happen that your disability becomes worse or your symptoms become more severe. In this case, it makes sense to request a higher rating. A veterans disability lawyer can help with that process, and can help you find evidence to prove your claim.

It's not unusual for the VA to make mistakes that lead to a lower disability rating than you deserve. In the event that they fail to notice an injury you've suffered or miss a condition that could be a combination of other disabilities to receive a higher rating, it's worth having a professional look over your records to find any mistakes.

You may still submit a higher-level claim or review if you have been rated for more than a calendar year. These include a review of your entire dossier, that could lead to modifications to the effective date of your claim and an updated rating that is more true to your personal feelings.

If you believe that you are entitled to an assessment of 100 percent or higher, consider requesting a supplemental claim. A disability lawyer can help you develop a compelling argument for this kind of rating, which is reserved for very debilitating disabilities. For instance, a mental health condition could be a reason to get an absolute disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that do not normally trigger such rating for cardiovascular disease or other medical issue.

Getting Help with the Appeals Process

Despite what some people may think the denial of an application for disability benefits by the VA isn't the end of an individual's chances to receive benefits. Former service members have one year to appeal the decision if it is not favorable.

An experienced veteran disability attorney can assist a vet in determining which of the three pathways for appeal would be the most appropriate for his particular situation. They can also assist veterans put the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They can also provide a veteran with an opportunity to have a 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 give you the attention and care that your claim deserves. They also have years of experience handling VA disability claims, and they know the rules and veterans disability procedures both inside and outside. Some lawyers are veterans disability lawyer, so they are aware of the difficulties that disabled veterans face. This creates a unique type of empathy that may make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us now to schedule your free assessment.