Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to submitting an appeal of the denial of your claim.

Choose a veteran disability lawyer that is solely dealing with these cases and veterans disability lawyers who is familiar with the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits when it can be confirmed that your illness is related to your military service. This is known as a "nexus. There are a variety of evidence you can use to show this connection, such as medical records and independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is backed up by experts who are impartial.

It is simpler to prove the direct connection between your service and illnesses or injuries that you sustained while in the military. If you've been injured while during your military service and now suffer from headaches or concussions it is much easier to prove a direct service connection.

It is more difficult to be service-connected if you had an existing condition that got worse while you were in military service. To prove that your time in the military caused or aggravated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undeniable".

Appealing to a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to make a formal complaint. A veterans disability lawyers disability attorney can assist the claimant through the three decision review options - either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences and the tradition of the armed services when choosing the New York veterans' disability lawyer. This can make things easier for you and lessen the requirement to explain your situation and experiences in a layman's way.

You'll want a firm that will work on your case throughout the multi-year appeals procedure. Beware of firms that only assist you in the first stages of your claim and then go away.

A seasoned New York veterans' disability attorney can assist you through every stage of your 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 your case is treated fairly. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, education benefits, or unemployability.

Achieving a Higher Rating

It could happen that your disability gets worse or your symptoms become more severe. It is logical in this case to request an increase in your rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to back your claim.

It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled. It's a good idea to hire a professional to check your records for mistakes. They might have missed an injury or omitted an issue that could be in conjunction with another disability to get an improved rating.

Even if it's been more than a year since your initial rating decision, you still have the option of filing an additional review or claim. This involves a thorough review of your file and can result in the change of your effective date or an updated rating that is more accurate to how you truly feel.

It's also advisable to file an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate of 100 percent or greater. A disability attorney can help you develop a convincing argument for this type of rating that is reserved for those with severe disabilities. A mental health issue such as depression, for instance, could qualify you for a 100% rating of disability because it can hinder employment or cause frequent hospitalizations which do not normally trigger this level for a cardiovascular problem or any other medical condition.

Assistance with the Appeals Process

Contrary what some believe, an VA denial of disability benefits doesn't mean that an individual is not eligible for benefits. Former service members have one year to appeal an outcome that is not favorable.

An experienced attorney for veterans can assist a veteran in determining which of the current three appeal options would be the most appropriate for his particular situation. They can also assist with gathering the evidence required to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a formal hearing before an Veterans Law Judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim demands. They are also likely to have years of experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that can enhance the outcome of a case involving a disabled veteran.

The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims for no cost to determine if we can help you. Contact us today to arrange an appointment for a free evaluation.