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

Select a veteran disability attorney who is specialized in dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you can prove that the condition you suffer from is related to your military service. This is known as a nexus. You can use different types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence backed by unbiased experts.

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

However, it's more difficult to get service connected if you suffer from a pre-existing medical condition that grew worse while you were in the military. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".

Appealing a denied application

After submitting an application and submitting medical evidence The VA will review the application. The VA typically issues a decision approving or denying benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disparagement. A lawyer for veterans' disability can assist the claimant through the three decision review options which include the supplemental claim, the higher-level review or a direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the tradition of the armed services when selecting the New York veterans' disability lawyer. This can make the process more enjoyable and reduce the need for you to explain your experience and circumstances in plain English.

You should also find a firm that will work on your case throughout the entire multi-year appeals process. Beware of firms that assist you with the initial stages of your claim and then go away.

A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help you get your benefits, like monetary compensation aid and attendance, education benefits or unemployed benefits.

Getting a Higher Rating

There may be a point when your disability gets worse, or your symptoms get broader or more challenging. It is logical in this instance to seek an increase in rating. A veterans disability lawyer can assist with this process, and help you find evidence to justify your request.

It's not unusual to see the VA make mistakes, which can result in being awarded a lower rating than what you deserve. Whether they accidentally miss an injury you've suffered or overlook a problem that could be combined with other disabilities to receive an improved rating, it's worth having a professional look over your records to spot any errors.

You are still able to make a higher-level claim, or review if you've been assessed for more than a calendar year. This involves a thorough review of your dossier and may result in the change of your effective date or an updated rating that is more in line with how you truly feel.

If you believe that you are entitled to an assessment of 100 percent, or higher, it's worth making a claim for supplemental benefits. A disability attorney can help you put together a convincing argument for this type of rating which is reserved for very debilitating disabilities. For instance mental health issues could qualify you for an 100% disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization, which don't usually trigger this level of rating for cardiovascular disease or other medical issue.

Assistance with the Appeals Process

Contrary to what some may believe that denying an appeal for disability by the VA is not the end of an individual's ability to receive benefits. In fact, a former veteran has a year from the date their local veterans hospital or office mails them an unfavorable determination to file an appeal.

A skilled veteran disability lawyer can assist a veteran in determining which of the three current appeals routes is best for their case. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even assist veterans disability attorney with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have years of experience handling VA disability claims, and they know the rules and procedures both inside and outside. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique type of empathy, which can help improve the outcome of a disability claim for veterans.

Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Call us today to schedule your complimentary evaluation.