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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From gathering evidence of medical and other service to submitting an appeal of a claim that has been denied.

Choose a veteran disability lawyer who is specialized in dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be established that your condition is connected to your military service. This is known as a nexus. There are a variety of evidence you could demonstrate this connection, such as medical records and independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but they are not able to be service connected because of missing or incomplete records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.

It is much easier to prove an immediate connection with your service to injuries or illnesses which occurred while in the military. For example, if you received a head injury during service and now suffer from concussions and headaches, there is a clear link between those events and the current condition you are suffering from.

It is more difficult to be connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. In order to prove that your time in service aggravated or made worse an existing illness you must provide a doctor's medical evidence that rises to the level of "clear and unmistakable" evidence.

Appealing a Denied Application

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A veterans disability attorney can guide the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will make the process more comfortable and less demanding for you to explain your experience and the circumstances in layman's terms.

You should also find a firm that will work on your case throughout the entire multi-year appeals process. Beware of companies that will only help you with the initial stages of your case, and then vanish.

An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting more medical evidence, file an official hearing, and represent you in any Board meetings to ensure that your case will be dealt with in a fair manner. They can also help you win your benefits, like monetary compensation aid and attendance, educational benefits or unemployed benefits.

How can you get a better rating

It could happen that your disability becomes worse or your symptoms become more severe. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you collect evidence to support your claim.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled to. It's worth getting an expert to review your records for errors. They may have overlooked an injury or neglected to mention any issue that could have been in conjunction with another disability to receive an improved rating.

Even the fact that it's been more one year since you made your initial rating decision, you still can file an additional review or claim. These are a thorough examination of your file. It could result in an amendment to your effective date or an updated rating that is more accurate to what you really feel.

It's also worth seeking an additional claim or a higher-level review if you believe you are entitled to a disability rating of 100 percent or greater. A disability lawyer can help you develop a compelling argument for this rating, which is reserved only for the most serious disabilities. A mental health condition, for example, may be a reason to get a 100 percent disability rating, as it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level of severity for a heart problem or any other medical condition.

Need help with the Appeals Process

Despite what some believe that denial of a disability claim by the VA is not the end of an individual's chances to recover benefits. Former military personnel have a year to appeal the decision if it is not favorable.

A skilled veterans disability attorney can assist a veteran in determining which of the current three options for appeal is the best option for his particular situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can give a veteran an extra formal hearing front of a Veterans Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim deserves. They will also have extensive experience handling VA disability claims, and they know the rules and procedure inside and out. Additionally, some lawyers are veterans disability lawyer themselves, which means that they understand the issues disabled veterans face. This can lead to a particular type of empathy which can sometimes improve the outcome of the case of a disabled veteran.

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