Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Choose a veterans disability attorney who is specialized in dealing with these cases, and who knows the VA's system inside and out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits only if you prove that the condition you suffer from is a result of your military service. This is referred to as nexus. There are different types of evidence you could use to show this connection, including medical records as well as independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and submit evidence backed by impartial experts.

It is easier to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. For example, if you received a head injury in the course of your service and suffer from concussions and headaches, there is a direct link between the events that led to the current condition you are suffering from.

However, it is more difficult to get connected if you have a pre-existing medical condition that became worse while you were in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence from an expert that is "clear and undisputed".

Appealing an Denial

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three options for review that include a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer Take into consideration whether they are familiar with your military experiences and the military's culture. This can make the process more comfortable and less requiring you to talk about your experiences and situations in layman's terms.

You should also choose a firm that will work on your case for the duration of the appeals process over a period of years. Be wary of firms that only help you with the initial stages of your claim, and then disappear.

A seasoned New York veterans' disability lawyer can assist you in every stage of your claim including appeals. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help win you benefits such as financial compensations, aid and education benefits, attendance benefits, or unemployability.

How can you get a better rating

It may happen that your disability becomes worse or your symptoms are more severe. It is logical in this case to request a higher rating. A veterans disability lawyer can help with that process, and they can assist you in finding evidence to support your request.

It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you're entitled. It's worth contacting an expert to review your records for any errors. They may have overlooked an injury or missed the issue that could be added to another disability to earn an increase in rating.

You can still file a higher-level claim and review if you have been given a rating for more than one calendar year. These require a complete review of your dossier and may result in changes to your effective date or a new rating that's more in line with how you really feel.

It's also advisable to file an additional claim or a more thorough review if you deserve a disability rating that is 100 percent or more. A disability lawyer can help make a convincing case for this rating, which is reserved only for the most debilitating of disabilities. A mental illness, for example, may make you eligible for a 100 percent disability rating, as it can hinder employment or cause frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or other medical conditions.

Getting Help with the Appeals Process

Contrary to what some may believe Contrary to what some may believe, an VA denial of disability benefits does not mean that the person isn't eligible to receive benefits. In fact, a former military member can wait one year from date the local veterans' hospital or office sends them a negative decision to file an appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most appropriate for their particular situation. They can also assist veterans put the evidence they need to convince a higher-level reviewer that their previous decision was wrong. They can even assist a veteran with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention your claim requires. They will also have extensive experience handling VA disability claims, and they understand the rules and procedure completely. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This can result in a unique kind of empathy that can sometimes improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claim for free to determine if we can assist you. Call us now to schedule your free evaluation.