Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From gathering evidence of medical and other service to filing an appeal against the denial of your claim.

Select a veteran disability attorney who is specialized in handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it is proven that your condition is linked to your military experience. This is known as a nexus. There are many types of evidence to prove the connection. These include medical records, independent health assessments (IME), or an nexus letter from your current healthcare providers (especially in the cases of mental health issues). There are times that veterans suffer from medically-determined disabilities, but are unable to be service connected because of the absence of or insufficient documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.

It is much easier to establish a direct service connection if injuries or illnesses were sustained while serving in the military. For example, if you suffered head injuries during service and now suffer headaches and concussions, there is a clear connection between the events that led to your current health condition.

It is harder to get connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide expert medical evidence that is "clear and undeniable".

Appealing a denied application

After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA typically issues the decision of approving or disapproving benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disparagement. A disability attorney for veterans disability lawyers can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This will help you feel more comfortable and eliminate the need for you to explain your experiences and situations in layman's terms.

You need a firm that will handle your case throughout the long appeals process. Beware of firms that only assist you in the initial stages of your claim and then disappear.

A seasoned New York veterans' disability lawyer can assist you in all phases of the claim, including appeals. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, education benefits or unemployment benefits.

Receiving a Better Rating

There may come a time that your disability becomes more severe, or your symptoms get more difficult or wider. In that situation it is sensible to ask for a higher rating. A veterans disability lawyer can assist you in this process, and can assist you in finding evidence to support your request.

It's not uncommon for the VA to make mistakes that result in being denied a disability rating lower than you deserve. If they miss an injury or ignore a condition that could be a combination of other disabilities in order to get an increase in rating It's a good idea to have an expert look over your records to spot any mistakes.

You may still file a higher-level claim and review if you have been evaluated for more than a calendar year. This involves a thorough review of your file, and could result in a change to your effective date or an entirely new rating that's more accurate to what you feel.

If you believe you're entitled to a rating of 100 percent or higher, consider requesting a supplemental claim. An attorney for disability can help you create an argument that supports this kind of rating, which is reserved for extremely serious disabilities. For example, a mental health condition might qualify you for an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization. These don't normally trigger this type of an assessment for a cardiovascular illness or other medical issues.

Need help with the Appeals Process

Contrary to what many believe contrary to what many may think, an VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. In fact, a former veteran has a year from the date that the local veteran's hospital or office sends them an unfavorable determination to appeal.

An experienced veteran disability attorney can assist a veteran in determining which of the current three appeals options is the best option for his particular case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was wrong. They may also give a veteran an extra formal hearing before an Veterans Law judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim needs. They also have a wealth of experience in dealing with VA disability claims and understand the rules and procedures in and out. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a distinct type of empathy which can help improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for no cost to determine if we are able to help you. Call us today to schedule your free assessment.