Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From collecting medical and service proof to submitting an appeal of the denial of your claim.

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

Proving Service Connection

The VA will only provide disability benefits if it is confirmed that your illness is related to your military service. This is referred to as a nexus. There are many types of evidence that you can use to show this connection, such as medical records as well as independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes, Veterans Disability Lawyer veterans suffer from medically-determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.

It is easier to prove the direct connection between your service and injuries or illnesses that occurred while you were in the military. If you suffered injuries in the military and you now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.

However, it's more difficult to get connected if you have a pre-existing medical condition that worsened while in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide medical evidence from a professional that is "clear and undisputed".

Appealing to a Denial

After filing an application and submitting medical evidence, the VA will review the application. The VA will typically issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given a year to file a complaint. A veterans disability attorney can assist the claimant through the three decision review options: the supplemental claim, or a higher-level review, or veterans disability lawyer a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This will make the process more enjoyable and less requiring you to explain your experiences and situations in plain language.

You need a firm that will be working on your case throughout the multi-year 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 at all stages of the claim, including appeals. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you win your benefits, like monetary compensation aid and attendance, education benefits or unemployability benefits.

Receiving a Better Rating

There may come a time where your disability gets more severe or your symptoms become more difficult or wider. It makes sense in this instance to seek a higher rating. A veterans disability lawyer can help with that process, and they can assist you in locating evidence to justify your request.

It's not uncommon for the VA make mistakes, resulting in a lower rating than you deserve. If they overlook an injury or miss a condition that could be linked with other disabilities to get an improved rating It's worthwhile to have an expert review your records to spot any mistakes.

Even if it's been more than one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This could include a thorough review of your entire record, which may result in changes to your effective date, as well as a new rating that is more corresponding to what you feel.

If you believe that you are entitled to an assessment of 100 percent or higher, consider requesting a supplemental claim. A disability attorney can help you put together a compelling argument for this type of rating, which is reserved only for difficult to treat disabilities. For example the mental health issue could qualify you for an 100% disability rating because it can cause marked interruption to work or periods of hospitalization. These don't usually trigger this level of an assessment for a cardiovascular illness or other medical issues.

Getting Help with the Appeals Process

Contrary to what some believe the fact that the fact that a VA denial of disability benefits does not mean that the person isn't eligible to receive benefits. In fact, a former servicemember has one year from the date that the local veteran's hospital or office sends them an unfavorable determination to file an appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current ways to appeal is the best option for their situation. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can provide a veteran an additional formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have a wealth of experience managing VA disability claims, and are familiar with the rules and procedures inside out. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This can create a distinct type of empathy which could help in the resolution of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Contact us today to schedule your free evaluation.