Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From assembling medical and service evidence to submitting an appeal of an appeal denied.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system inside and out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you suffer from is related to your military service. This is called a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is confirmed by experts who are independent.

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

It is more difficult to be service-connected if you had an existing condition that got worse while you were in military service. To prove that your time in military service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing a denied application

After filing an application and providing medical evidence, the VA will review the case. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given a year to make a formal complaint. A veterans disability attorney can assist the claimant through the three decision review options - the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Take into consideration whether they can understand your military experiences and the culture of the armed forces. This will make the process more enjoyable and less requiring you to explain your experiences and situations in plain language.

You should also find a firm who will remain on your case throughout the entire multi-year appeals process. Beware of companies that will only assist you with the first stages of your claim and then go away.

An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you win you benefits such as financial compensations, aid and education benefits, attendance benefits, or unemployedness.

Earning a higher rating

It could happen that your disability becomes more severe or your symptoms become more severe. In that case, it makes sense to request a higher rating. A veteran disability lawyer can help you in this process and help collect evidence to support your claim.

It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. It's worth getting an expert to examine your records for errors. They might have missed an injury or neglected to mention a problem which could be in conjunction with another disability to earn an increase in rating.

You are still able to submit a higher-level claim or review if you have been assessed for more than a calendar year. These can include a review of your entire dossier, that could lead to changes to your effective date and a new rating more accurate to the feelings you have.

It's also worth seeking an additional claim or a more thorough review if you're trying to argue that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can assist you to create a compelling case for this rating, which is reserved only for the most serious disabilities. A mental health condition, for example, may qualify you for a 100 percentage disability rating since it could affect your job or trigger frequent hospitalizations that would not normally trigger this level of severity for a heart problem or other medical issues.

Need Help with the Appeals Process

Despite what some people may think the denial of an appeal for disability by the VA is not the end of an individual's chance to recover benefits. In fact, a former soldier is given one year from the date that the local veteran's hospital or office sends them a decision that is not favorable to appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the three pathways for appeal is best for his particular case. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They may even be able to provide veterans with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They are also likely to have a wealth of experience in dealing with VA disability claims and know the rules and procedures in and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This can result in a unique type of empathy which can help improve the outcome of an appeal for veterans' disability.

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