Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a denied claim.

Choose a veteran disability attorney that is experienced in these types of cases and is familiar with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits when it can be proved that your condition is linked to your military experience. This is known as a nexus. You can make use of various types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health problems). There are times when veterans have medically determined disabilities, but they are not able to be considered service-connected due to the absence of or insufficient records. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and present evidence that is confirmed by unbiased experts.

It is much easier to establish a direct connection when illnesses or injuries occurred while you were in the military. For instance, if you received a head injury in the course of your service and suffer from concussions and headaches, there is a direct link between the events that led to your current condition.

It is a lot more difficult to become connected to the military if you suffered from a pre-existing condition that worsened during your military service. To prove that your service caused or aggravated a pre-existing health condition, veterans disability you'll have to present medical evidence that is "clear and undisputed".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical evidence. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a complaint. A veterans disability (visit the next post) attorney can help the claimant navigate through the three decision review options: a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can make the process more enjoyable and reduce the need for you to describe your experiences and circumstances in plain English.

You want a company that will be working on your case throughout the long appeals process. Beware of firms who only assist you with the initial stages of your claim, and then disappear.

A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing, and also represent you in any Board meetings to ensure that your case will be dealt with in a fair manner. They can also help you win your benefits, such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Achieving a Higher Rating

There might come a time where your disability gets more severe, or your symptoms get more difficult or wider. It is logical in this scenario to ask for an increase in the rating. A veteran disability lawyer can assist you in this process and help you collect evidence to back your claim.

It's not unusual for the VA to make mistakes that lead to an lower disability rating than you're entitled. If they overlook an injury or overlook a problem that could be linked with other disabilities to earn an improved rating It's worthwhile to have an expert look over your records to identify any errors.

Even the fact that it's been more one year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These require a complete review of your file, and could result in the change of your effective date or an entirely new rating that's more accurate to how you truly feel.

If you believe that you are entitled to a rating of 100 percent, or higher, consider making a claim for supplemental benefits. A disability lawyer can help you develop a compelling argument for this rating which is only available for the most severe of disabilities. For example the mental health issue could qualify you for an 100% disability rating due to the fact that it causes significant interruption to work or periods of hospitalization. These don't usually trigger this level of a rating for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Despite what some people may believe the denial of a disability claim by the VA is not the end of a person's chances to collect benefits. Former service members have a year to appeal a decision that is not favorable.

A skilled veterans disability attorney can assist a veteran to determine which of the three options for appeal is best for his particular case. They can also assist with gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can even provide veterans disability law firms with a formal hearing before an Veterans Law Judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim needs. They also have years of experience dealing with VA disability claims and are aware of the rules and procedures in and out. Additionally, some attorneys are veterans disability attorneys themselves, which means that they are aware of the difficulties disabled veterans have to face. This can create a special kind of empathy that could help in the resolution of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Call us today to set up your free evaluation.