Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.

Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system inside out. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if it is proven that your condition is related to your military service. This is called a nexus. There are various types of evidence you could prove the connection, such as medical records as well as independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are independent.

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

It is a lot more difficult to become service-connected if there was an existing condition that got worse while you were in military service. To prove that your service time aggravated or worsened a pre-existing condition, you'll need to present medical evidence that is "clear and undisputed".

Appealing a Denial

After submitting an application and Veterans Disability Attorney submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA usually issues an approval or denial of benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A disability attorney for veterans can help the claimant navigate through the three decision review options - a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience and the tradition of the armed services when choosing a New York veterans' disability lawyer. This will make it easier for you and reduce the necessity to explain your circumstances and experiences in layman's.

You should also find a firm who will remain on your case for the entire duration of your appeal. Be wary of companies that assist you with the initial stages of your case, only to then go away.

A seasoned New York veterans' disability lawyer can assist you in every stage of your claim and 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 you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployedness.

How to get a higher rating

It may happen that your disability becomes worse or your symptoms are more severe. It is logical in this situation to ask for an increase in the rating. A lawyer for veterans can help with that process, and can help you find evidence to back your request.

It's not uncommon for the VA make mistakes, resulting in receiving a lower score than you deserve. It's worth contacting a professional to check your records for errors. They may have missed an injury or left out a problem which could be added to another disability to receive a higher rating.

Even the fact that it's been more one year since your initial rating decision, you have the option of filing an additional review or claim. These are a thorough examination of your dossier and may result in a change to your effective date or an entirely new rating that's more accurate to how you feel.

If you believe you deserve an assessment of 100 percent, or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help you create a compelling case for this rating, which is reserved only for the most severe of disabilities. A mental health problem for instance, might make you eligible for a 100% rating of disability because it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or other medical conditions.

Helping with the Appeals Process

Despite what some think that denying a disability claim by the VA isn't the end of an individual's chance to collect benefits. In fact, a former soldier has one year from the date their local veterans hospital or office sends them an unfavorable determination to file an appeal.

A skilled veterans disability attorney can assist a veteran in determining which of the three appeals options is the best option for his situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention your claim requires. They also have a wealth of experience in dealing with VA disability claims and know the rules and veterans disability attorney procedures both inside and outside. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans disability attorneys face. This creates a unique kind of empathy that can sometimes make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to set up your free assessment.