Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can help you throughout the claims process.

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

Proving Service Connection

The VA will only grant disability benefits if it can be confirmed that your illness is related to your military service. This is called a nexus. You can use a variety 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 suffer from medically-determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by independent experts.

It is simpler to prove the direct connection between your service and injuries or illnesses that occurred while in the military. If you've been injured while in the military and you now suffer from headaches and concussions it is much easier to prove a direct service connection.

However, it is more difficult to get connected if you suffer from an existing medical condition that became worse during your time in the military. To prove that your service aggravated or made worse an existing medical condition You must present expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a Denial

After submitting an application and submitting medical evidence The VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disabilities can assist the applicant navigate the three decision review options which include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences and the culture of the armed services when selecting a New York veterans' disability lawyer. This will make it easier for you and decrease the requirement to explain your situation and experiences in a layman's way.

You need a firm that will be working on your case throughout the lengthy appeals procedure. Be wary of firms that assist you in the initial phases of your case and then disappear.

An experienced New York veterans' disability attorney can help you with every stage of your claim including appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist in obtaining you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployment.

Getting a Higher Rating

There may be a point where your disability gets more severe, or your symptoms get more difficult or wider. It makes sense in this situation to ask for an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to back your claim.

It's not common for the VA to make mistakes that result in being denied a disability rating lower than you're entitled. If they miss an injury that you suffer from or miss a condition which could be linked to other disabilities to earn an improved rating it's important to have an expert look over your records to spot any errors.

You can still file a higher-level claim or review if you've been evaluated for more than a calendar year. These involve a full review of your file, and could result in the change of your effective date or a new rating that's more accurate to what you feel.

It's also advisable to file an additional claim or a more thorough review if you're arguing that you are entitled to a disability rating that is 100 percent or more. A disability attorney can help you put together an argument that supports this type of rating which is reserved only for difficult to treat disabilities. For example the mental health issue could be a reason to get 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization that don't normally trigger this type of an assessment for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Contrary to what many people think, the denial of an application for disability benefits by the VA is not the end of an individual's ability to recover benefits. In fact, a former veteran has one year from the date their local veterans hospital or office mails them a denial to appeal.

An experienced lawyer for veterans can help a veteran decide which of the three current ways to appeal is the best option for their situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They can even assist a veteran with a formal hearing before a Veterans Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim needs. They also have years of experience dealing with VA disability claims and understand the rules and procedures both inside and firms outside. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans disability attorney. This creates an unique type of empathy, which can improve the outcomes of a veterans disability attorney disability case.

Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims for free to determine if we can assist you. Call us today to set up an appointment for a free evaluation.