Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claim process.

Choose a veterans disability attorney that is solely dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you prove that the condition is related to your military service. This is called a nexus. There are a variety of evidence that you could prove this connection, such as medical records, independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health issues). There are instances when veterans have medically determined disabilities, but are unable to be considered service connected due to missing or incomplete documents. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence that is backed up by independent experts.

It is easier to prove a direct connection when illnesses or injuries were sustained while serving in the military. For instance, if you suffered head injuries during service and now suffer headaches and concussions there is a direct link between these events and your current health condition.

However, it's more difficult to be connected if you suffer from a pre-existing medical condition that grew worse while in the military. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to provide expert medical evidence that is "clear and irrefutable".

Appealing to a Denial

After filing an application and submitting medical evidence after which the VA will review the case. The VA usually issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veteran's disability attorney can assist the claimant through the three review options - the supplemental claim, or veterans disability lawyers a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Make sure you consider whether they can understand your military experience and the culture of the armed forces. This can make it simpler for you and reduce the necessity to explain your circumstances and experiences in layman's terms.

You want a company that will work on your case throughout the multi-year appeals process. Be wary of firms that assist you in the first stages of your claim and then go away.

A seasoned New York veterans' disability attorney can help you with every stage of your claim and appeals. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you to obtain benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.

Getting a Higher Rating

There could be a point where your disability gets more severe, or your symptoms get more complex or broader. In such a case, it makes sense to ask for an increase in your rating. A veteran disability lawyer can assist you in this process and help you collect evidence to support your claim.

It's not common for the VA to make mistakes that result in an lower disability rating than you deserve. If they miss an injury you have or overlook a problem that could be a combination of other disabilities to earn an increase in rating it's important to have an expert look over your records to identify any mistakes.

Even the fact that it's been more one year since the initial rating decision, you still can file a higher-level review or supplemental claim. This includes a review of your entire file, that could lead to changes to the effective date of your claim and a new rating that is more corresponding to your feelings.

If you believe you're entitled to an assessment of 100 percent, or higher, consider seeking a supplemental claim. A disability lawyer can help you make a convincing case for this rating which is only available for the most debilitating disabilities. A mental illness for instance, might qualify you for a 100 percentage disability rating since it could affect your job or Veterans Disability Lawyers cause frequent hospitalizations which would not normally trigger this level of severity for a heart problem or other medical issues.

Getting help with the Appeals Process

Despite what some believe that denial of an application for disability benefits by the VA is not the end of an individual's ability to recover benefits. Former military personnel have a year to appeal a decision that is not favorable.

A skilled veterans disability lawsuits disability lawyer can assist a veteran in determining which of the three current appeals routes is most suitable for their case. 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 more formal hearing before an Veterans Law Judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim needs. They also have years of experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans face. This creates a distinct type of empathy that may enhance the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Contact us today for an appointment for a free evaluation.