veterans disability lawsuit Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to submitting an appeal of the denial of your claim.

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

Proving Service Connection

The VA will only award disability benefits if it can be proven that your condition is connected to your military service. This is called a nexus. There are various types of evidence you could prove this connection, such as medical records, independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are occasions when veterans have medically determinable disabilities, Veterans Disability Law Firms but they cannot be considered service-connected due to missing or incomplete records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed by independent experts.

It is easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. For instance, if you were hit in the head in the course of your service and suffer headaches and concussions there is a direct link between the two events and your current condition.

However, it is more difficult to get connected if you have a pre-existing medical condition that worsened while you were in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denied Application

After submitting an application and submitting medical evidence The VA will review the application. It usually issues a ruling which either approves or denies benefits. If the decision is not in favor the veteran is given one year to submit a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Take into consideration whether they understand your military background and culture of the armed forces. This will make the process more relaxed and less requiring you to explain your experiences and situations in layman's terms.

You want a company that will take on your case through the lengthy appeals process. Be wary of firms that only assist you with the initial stages of your case, and then go away.

A seasoned New York veterans' disability attorney can assist you at all stages of the claim, including appeals. They can assist you in submitting additional medical evidence, request an official hearing and assist you at any Board meetings so that your case is handled in a fair and fair manner. They can also help you win you benefits, such as cash compensations, aid or education benefits, attendance benefits, or unemployedness.

Achieving a Higher Rating

It may happen that your disability gets worse or your symptoms get more severe. In this case it's sensible to seek a higher rating. A lawyer for veterans' disability can assist with this process, and they can assist you in locating evidence to justify your request.

It's not uncommon for the VA to make errors, which could result in an under-rated rating than you deserve. It's a good idea to hire an expert to review your records for errors. They may have missed an injury or Veterans disability Law Firms omitted a problem which could be in conjunction with another condition to get an improved rating.

Even when it's been over one year since the initial rating decision, you have the option of filing a higher-level review or supplemental claim. These require a complete review of your dossier and may result in a change to your effective date or an entirely new rating that's more in line with how you really feel.

It's also advisable to file a supplemental claim or higher-level review if you're trying to argue that you deserve a disability rating that is 100 percent or more. A disability lawyer can help you create a compelling case for this rating that is reserved for the most severe of disabilities. A mental illness such as depression, for instance, could be a reason to get a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations which are not typically triggering this level of severity for a heart problem or other medical issues.

Getting help with the Appeals Process

Contrary to what some may believe the fact that an VA denial of disability benefits does not mean that an individual isn't eligible to receive benefits. Former veterans have one year to appeal the decision if it is not favorable.

An experienced lawyer for Veterans Disability Law Firms can help a veteran determine which of the three pathways for appealing would be the best option for their situation. They can also help with gathering the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can even assist a veteran with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have a vast experience dealing with VA disability claims and understand the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This creates a distinct type of empathy, which can help improve the outcome of a veterans disability case.

The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claim for free to determine if we are able to assist you. Contact us today to set up your free evaluation.