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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 on a denied claim A veteran disability lawyer can help you throughout the entire claim process.

Choose a veteran disability lawyer who specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it is proved that your condition is related to your military service. This is referred to as a nexus. There are different types of evidence that you can prove this connection, such as medical records or independent medical exams (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and submit evidence that is backed up by independent experts.

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

It is harder to get connected to a service if you have an existing condition that deteriorated during your military service. In order to prove that your time in service aggravated or made worse an existing condition it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing an Denial

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

When deciding on a New York veterans disability lawyer Be sure to think about whether they understand your military experiences and the traditions of the armed forces. This can help you feel more comfortable and less requiring you to talk about your experiences and the circumstances in layman's terms.

You also want a firm that will continue to work on your case throughout the entire duration of your appeal. Beware of firms who only assist you in the initial stages of your claim, and then vanish.

A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting 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 win you benefits like monetary compensations, aid and attendance benefits, educational benefits, or unemployedness.

Achieving a Higher Rating

It could happen that your disability gets worse or your symptoms become more severe. In such a case, it makes sense to ask for an increase in your rating. A lawyer for veterans' disability can help with that procedure, and help you dig up evidence to justify your request.

It's not common for the VA to make mistakes that lead to an lower disability rating than you're entitled to. If they miss an injury that you suffer from or ignore a condition that could be a combination of other disabilities to earn higher ratings, it's worth having an expert review your records to identify any errors.

Even the fact that it's been more one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This includes a review of your entire file which could result in changes to your effective date as well as the creation of a new rating that is more precise to your feelings.

It's also worth pursuing an additional claim or a more thorough review if you're trying to argue that you're entitled to a disability rate of 100 percent or more. A disability lawyer can assist you to build a strong case for this rating which is only available for the most severe of disabilities. A mental health condition like this one, for instance, may qualify you for a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations that are not typically triggering this level of severity for a heart issue or other medical condition.

Getting Help with the Appeals Process

Contrary to what some may think that denying an appeal for disability by the VA isn't the end of an individual's chance to recover benefits. In fact, a former military member can wait one year from date that their local veterans hospital or office mails them an unfavorable determination to file an appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the three appeals options would be best for his particular case. They can also assist with gathering the evidence required to convince a higher-level reviewer that their previous decision was wrong. They may also give a veteran a more formal hearing in front of an Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They are also likely to have extensive experience handling VA disability claims and understand the rules and procedures from top to bottom. Some attorneys are veterans, and therefore know the challenges that disabled veterans face. This creates a distinct type of empathy that can improve the outcomes of a veterans disability case.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claim for free to determine if we are able to assist you. Contact us today to arrange an evaluation for free.