Veterans Disability Lawyers

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

Select a veteran disability lawyer who specializes 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 provide disability benefits if they can prove that the condition you are suffering from is linked to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health exams (IME), or an nexus note from current health care providers (especially in the cases of mental health issues). Sometimes, veterans have medically determined disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by unbiased experts.

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

However, it is more difficult to be connected if you have a pre-existing medical condition that worsened while in the military. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA will typically issue a decision approving or denying benefits. If the decision is not favorable the veteran is given one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant through the three decision review options -- an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make it easier for you and decrease the necessity to explain your circumstances and experiences in layman's language.

You also want a firm who will continue to work on your case throughout the entire appeals process of several years. Be wary about firms that assist you in the initial stages of your case, only to then go away.

A seasoned New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit more medical evidence, Veterans Disability lawyers file an official hearing, and represent you at any Board meetings to ensure that your case will be handled without prejudice. They can also help you win you benefits, such as monetary compensations, aid and education benefits, attendance benefits, or unemployability.

How can I get a better rating

There could be a point when your disability becomes more serious or your symptoms become more difficult or wider. In this case, it makes sense to seek a higher rating. A veteran disability lawyer can help you with this process and help collect evidence to back your claim.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you deserve. It's worth contacting an expert to look over your records for any errors. They may have missed an injury or left out an issue that could be coupled with another condition to get an even higher rating.

You are still able to make a higher-level claim, or review if you've been rated for more than a calendar year. These involve a full review of your file. It could result in changes to your effective date or an updated rating that is more accurate to what you feel.

It's also worth pursuing an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help develop a compelling argument for this rating which is only available for the most severe of disabilities. A mental illness, for example, may be a reason to get a 100 percentage disability rating since it can hinder employment or trigger frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or other medical issues.

Helping with the Appeals Process

Contrary to what some may think that denying a disability claim by the VA is not the end of an individual's chances to collect benefits. In fact, a former soldier has a year from the date that their local veterans hospital or office sends them a denial to file an appeal.

A skilled veteran disability lawyer can help a veteran decide which of the three current appeals routes is most appropriate for their particular situation. They can also help veterans disability lawyers in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They may also give a veteran an additional formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have extensive experience handling VA disability claims, and they are aware of the rules and procedures in detail. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a special kind of empathy that can help improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today to arrange your free evaluation.