Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service proof to submitting an appeal of the denial of your claim.

Select a veteran disability attorney that 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 grant disability benefits when it can be confirmed that your illness is linked to your military experience. This is called a nexus. There are various types of evidence you can use to show this connection, including medical records, independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by unbiased experts.

It is much easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions there is a clear link between the two events and your current condition.

It is more difficult to be connected to the military if you suffered from an existing condition that deteriorated while you were in military service. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undeniable".

Appealing a Denied Application

After submitting an application and providing medical evidence after which the VA will examine the case. It usually issues a decision which either approves or denies benefits. If the decision is unfavorable the veteran is given one year to make a notice of disagreement. A lawyer for veterans' disability can assist the claimant through the three review options which include an additional claim, a more extensive review, or direct appeal to the Board of veterans disability attorneys' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the tradition of the armed services when selecting the New York veterans' disability lawyer. This can make things easier for you to understand and reduce the necessity to explain your circumstances and experiences in layman's language.

You should also find a firm who will remain on your case for the duration of the appeals process over a period of years. Beware of firms that only assist you in the initial stages of your claim and then disappear.

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 additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help win you benefits such as cash compensations, aid or attendance benefits, education benefits, or unemployedness.

Earning a higher rating

It could happen that your disability becomes more severe or your symptoms become more severe. It makes sense in this scenario to ask for an increase in your rating. A lawyer for veterans' disability can assist in that process, and help you dig up evidence to support your request.

It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you deserve. If they overlook an injury you have or overlook a problem which could be linked to other disabilities to earn higher ratings It's a good idea to have an expert look over your records to look for mistakes.

Even when it's been over a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your file, and could result in a change to your effective date or an updated rating that is more in line with how you feel.

It's also worth seeking an additional claim or a higher-level review if you're trying to argue that you're entitled to a disability rate of 100 percent or more. A disability attorney can assist you in putting together an argument that is convincing for this type of rating which is reserved for very debilitating disabilities. For instance mental health issues could be a reason to get a 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that don't normally trigger this type of the rating for a heart disease or veterans disability lawyers other medical issue.

Assistance with the Appeals Process

Contrary to what many people believe that denial of a disability claim by the VA isn't the end of an individual's chances to get benefits. Former service members have a year to appeal an outcome that is not favorable.

A skilled veterans disability lawyer can assist a veteran in determining which of the three ways to appeal is best for their case. They can also assist an individual vet put all the evidence required to convince a higher level reviewer that the previous decision was incorrect. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have extensive experience in handling VA disability claims, and they know the rules and procedure inside and out. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans have to face. This creates a unique type of empathy that can sometimes enhance the outcome of a veterans disability case.

The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we can help you. Contact us today to arrange an appointment for a free evaluation.