Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of an appeal denied.

Choose a veteran disability lawyer who is specialized in handling these cases and knows 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 if it is proved that your condition is directly related to your military service. This is referred to as nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health exams (IME), or an nexus note from current healthcare providers (especially in the cases of mental health issues). There are occasions where veterans are diagnosed with medical disabilities, but are unable to be considered service-connected due to insufficient or missing records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and submit evidence that is backed by independent experts.

It is easier to prove a direct service connection when illnesses or injuries were sustained while serving in the military. If you've been injured while in the military and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

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

Appealing to a Denial

The VA will review your case after you have submitted your application and provided medical proof. It usually makes a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one year to make a formal complaint. A veterans disability lawyer can assist the applicant navigate the three options for review which include an additional claim, a more extensive review or a 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 culture of the armed forces. This can help you feel more comfortable and reduce the need for you to explain your experience and circumstances in plain English.

You also want a firm that will continue to work on your case for the duration of the appeals process over a period of years. Be wary about firms that assist you with the initial phases of your case and then vanish.

A seasoned New York veterans disability attorney will assist you with every stage 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 your case is handled in a fair manner. They can also help you win you benefits like assistance, monetary compensations and education benefits, attendance benefits, or unemployability.

How can you get a better rating

It could be that your disability gets worse or your symptoms are more severe. It is logical in this scenario to ask for an increase in the rating. A veterans disability lawyer can assist with this process, and assist you in locating evidence to justify your request.

It's not unusual for the VA to make mistakes that result in a lower rating than you deserve. It's a good idea to hire an expert to review your records for mistakes. They may have missed an injury or missed any issue that could have been in conjunction with another disability to earn an improved rating.

You may still make a higher-level claim, or review if you have been given a rating for more than one calendar year. This could include a thorough review of your entire dossier, which may result in changes to your effective date as well as an updated rating that is more true to your feelings.

If you believe you're entitled to an assessment of 100 percent, or higher, it's worth requesting a supplemental claim. A disability lawyer can help you put together a convincing argument for this type of rating which is reserved only for serious disabilities. For instance the mental health issue could be a reason to get 100% disability ratings because it could cause significant disturbance to your job or frequent periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Contrary to what some believe contrary to what many may think, the fact that a VA denial of disability benefits does not mean that a person has no chance of recovering benefits. Former service members have a year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current appeals options is most appropriate for their particular situation. They can also assist an individual vet put the evidence together needed 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 disability lawsuits Law judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They are also likely to have years of experience handling VA disability claims and are aware of the rules and procedures inside and out. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans. This can create a special type of empathy which can improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Contact us now to schedule your free evaluation.