Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal against a claim that has been denied.

Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside and out. 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 suffer from is linked to your military service. This is called a nexus. There are a variety of evidence you could demonstrate this connection, including medical records as well as independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health issues). There are occasions when veterans have medically determinable disabilities, but are unable to be considered service-connected due to incomplete or omitted records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and provide evidence that is backed up by independent experts.

It is simpler to prove direct service connection for illnesses or injuries that you sustained while in the military. If you suffered injuries in the military and now suffer from headaches and concussions, it's easier to establish a direct connection to the service.

However, it's more difficult to be connected if you have a pre-existing medical condition that got worse during your time in the military. To show that your time in service caused or aggravated a pre-existing condition, you will need to present medical evidence that is "clear and undisputed".

Appealing a denied application

After submitting an application and submitting medical evidence, the VA will review the application. It usually makes a decision that either approves or veterans disability Attorney denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can guide the claimant through the three review options - an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and the military's culture. This can make it easier for you and lessen the requirement to explain your situation and experiences in layman's terms.

You also want a firm who will remain on your case throughout the duration of the appeals process over a period of years. Beware of firms that assist you with the initial stages of your claim and then go away.

An experienced New York veterans disability attorney can assist with all stages of your claim, veterans disability Attorney including the appeals process. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also assist you to win your benefits, like monetary compensation, aid and attendance, educational benefits or unemployed benefits.

Achieving a Higher Rating

It is possible that your disability gets worse or your symptoms become more severe. In such a case it's sensible to request an increase in your rating. A lawyer for veterans can assist with this process, and can help you dig up evidence to justify your request.

It's not unusual for the VA to make mistakes that result in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to look over your records for errors. They may have overlooked an injury or left out the issue that could be combined with another disability to get an improved rating.

You can 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 could result in an amendment to your effective date or an updated rating that is more in line with how you feel.

It's also worth pursuing an additional claim or a higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or more. A disability lawyer can assist you to build a strong case for this rating which is reserved for the most debilitating of disabilities. A mental illness, for example, may qualify you for a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or other medical issues.

Assistance with the Appeals Process

Despite what some people may think that denial of a disability claim by the VA is not the end of an individual's chance to recover benefits. In fact, a former veteran has one year from the date that their local veterans hospital or office sends them an unfavorable determination to file an appeal.

An experienced veterans disability attorney can assist a vet in determining which of the three appeals options is the best option for his particular case. They can also assist veterans put the evidence together needed to convince a higher-level reviewer that their previous decision was wrong. They can even assist veterans with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They are also likely to have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges disabled veterans face. This creates an unique type of empathy that may improve the outcomes of a veterans disability case.

The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Contact us today to arrange your free evaluation.