Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claims process.

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

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition you have is linked to your military service. This is called a nexus. There are many types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). There are times that veterans suffer from medically-determined disabilities, but are unable to be considered service connected due to insufficient or missing documents. These cases require the help of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are independent.

It is much easier to establish a direct connection if injuries or illnesses occurred while you served in the military. For instance, if you were struck in the head while serving and are now suffering from concussions and headaches, there is a strong connection between those events and the current condition you are suffering from.

However, it is more difficult to get connected if you suffer from a pre-existing medical condition that grew worse during your time in the military. To prove that your time in service worsened or aggravated an existing condition you must provide a doctor's medical evidence that is at the level of "clear and undeniable" evidence.

Appealing an Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA usually issues an approval or denial of benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can help the claimant navigate through the three decision review options: either a supplemental claim or a more advanced review, or a direct appeal before the Board of veterans disability lawsuit' Appeals.

When deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military experience and the traditions of the armed forces. This can make it easier for you and decrease the requirement to explain your situation and experiences in a layman's way.

You'll want a firm that will handle your case throughout the multi-year appeals process. Beware of firms that only assist you in the first stages of your claim and then vanish.

An experienced 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 and request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win you benefits such as assistance, monetary compensations and education benefits, attendance benefits, or unemployment.

Receiving a Better Rating

It could happen that your disability gets more severe or your symptoms become more severe. It is logical in this instance to seek a higher rating. A lawyer for veterans can assist with this procedure, and help you find evidence to support your request.

It's not uncommon for the VA make mistakes, which can result in a lower rating than you deserve. It's recommended to consult an expert to review your records for mistakes. They may have missed an injury or left out an issue that could be combined with another disability to get a higher rating.

You may still file a higher-level claim or review if you have been rated for more than a calendar year. This involves a thorough review of your file and can result in changes to your effective date or an updated rating that is more in line with how you feel.

It's also worth seeking an additional claim or a more thorough review if you're arguing that you're entitled to a disability grade of 100 percent or more. A disability lawyer can help create a compelling case for this rating which is reserved for the most debilitating disabilities. For instance, a mental health condition could qualify you for a 100% disability rating because it can cause a significant interruption to work or periods of hospitalization. These don't typically trigger this kind of rating for cardiovascular condition or other medical problem.

Assistance with the Appeals Process

Despite what some believe, the denial of an application for disability benefits by the VA is not the end of an individual's chance to get benefits. Former veterans have one year to appeal a decision that is not favorable.

An experienced veterans disability attorney can help a vet determine which of the three pathways for appeal would be best for his case. They can also help an individual vet put the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide veterans 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 a wealth of experience handling VA disability claims, and they know the rules and procedures inside out. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a special kind of empathy that could help in the resolution of an appeal for veterans' disability.

Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims free of charge to determine if we are able to assist you. Contact us now to schedule your free assessment.