sioux falls veterans disability lawsuit Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claims process.

Choose a veteran disability lawyer that is solely handling these cases and knows the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you prove that the condition is linked to your military service. This is referred to as a nexus. There are various types of evidence you could demonstrate this connection, including medical records or independent medical exams (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health issues). Sometimes, 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 skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.

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

However, it's more difficult to get service connected if you suffer from an existing medical condition that got worse while in the military. In order to prove that your time in service has aggravated or worsened an existing condition, you must supply expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a Denial

After submitting an application and Lawyers submitting medical evidence after which the VA will review the application. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable, the veteran is given a year to file a notice of disagreement. A lawyer for veterans' disability can assist the claimant through the three review options that include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience as well as the military's culture when choosing a New York veterans' disability lawyer. This will help you feel more comfortable and lawyers eliminate the need for you to talk about your experiences and circumstances in plain English.

You also want a firm who will remain on your case for the entire multi-year appeals process. Beware of firms that assist you with the first stages of your case, and then go away.

A seasoned New York veterans' disability lawyer can assist you in all phases of the claim and appeals. They can help you submit additional medical evidence, request an official hearing, and represent you at any Board meetings to ensure that your case will be handled fairly. They can also assist you in obtaining you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or unemployability.

How to get a higher rating

It may happen that your disability gets more severe or your symptoms become more severe. In that situation it's logical to ask for an increase in your rating. A veterans disability lawyer can assist with this process, and help you find evidence to prove 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 or miss a condition that could be combined with other disabilities in order to get an increase in rating, it's worth having a professional look over your records to identify any mistakes.

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

If you think you're worthy of an assessment of 100 percent, or more, it's worth requesting a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is only available for the most debilitating disabilities. For example an illness that is mental could qualify you for a 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that don't typically trigger this kind of a rating for a cardiovascular disease or other medical issue.

Assistance with the Appeals Process

Despite what some think the denial of an appeal for disability by the VA is not the end of an individual's chances to get benefits. Former service members have one year to appeal any decision that isn't favorable.

A skilled veteran disability lawyer can help a veteran decide which of the three current ways to appeal is most appropriate for their particular situation. They can also help a vet get the evidence they need to convince a higher level reviewer that their previous decision was not right. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They are also likely to have a vast experience handling VA disability claims and know the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This creates a unique kind of empathy, which can make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Contact us today to arrange your free assessment.