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Veterans Disability Lawyers

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

Select a veteran disability attorney who specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if you prove that the condition you are suffering from is a result of your military service. This is referred to as a nexus. You can use different types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the case of mental health problems). There are instances that veterans suffer from medically-determined disabilities, but are unable to be considered to be service-connected due insufficient or missing documents. These cases require the assistance of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is backed by independent experts.

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

However, it's more difficult to get connected if you have a pre-existing medical condition that worsened while you were in the military. In order to prove that your service has aggravated or worsened an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing to a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will typically issue an approval or denial of benefits. If the decision isn't favorable, the veteran is given a year to file a complaint. A veterans disability attorney can guide the claimant through the three decision review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military background and traditions of the armed forces. This can make the process more relaxed and less demanding for you to describe your experiences and situations in plain language.

You want a firm who will handle your case throughout the multi-year appeals procedure. Be wary about firms that assist you in the initial stages of your case, only to then vanish.

A seasoned New York veterans' disability attorney can assist you at all phases of the claim and appeals. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help win you benefits, such as financial compensations, aid and attendance benefits, educational benefits, or even unemployment.

How can I get a better rating

There may come a time where your disability gets more severe, or your symptoms get more complex or broader. It is logical in this case to request a higher rating. A lawyer for veterans' disability can assist with this process, and assist you in locating evidence to prove your claim.

It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you deserve. It's recommended to consult an expert to look over your records for any errors. They may have overlooked an injury or left out any issue that could have been coupled with another condition to get a higher rating.

You may still submit a higher-level claim or review if you have been evaluated for more than a calendar year. This involves a thorough review of your file, and could result in the change of your effective date or a new rating that's more in line with how you truly feel.

If you think you're worthy of an assessment of 100 percent, or higher, consider making a claim for supplemental benefits. A disability lawyer can help you develop a compelling argument for this rating which is reserved for the most serious disabilities. A mental health issue like this one, for instance, may make you eligible for a 100 percent disability rating, as it can interfere with employment or result in frequent hospitalizations that are not typically triggering this level of severity for a heart problem or other medical issues.

Help with the Appeals Process

Contrary to what some may think the denial of an application for disability benefits by the VA is not the end of a person's chances to recover benefits. Former service members have a year to appeal the decision if it is not favorable.

An experienced lawyer for veterans can help a veteran decide which of the three ways to appeal is most appropriate for their particular situation. They can also assist Veterans Disability Law firms in obtaining 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 formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have a lot of experience dealing with VA disability claims, and are familiar with the rules and procedure inside out. Additionally, some lawyers are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a unique kind of empathy that can enhance the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today for your free evaluation.