Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of a denied claim.

Choose a veterans disability attorney who is specialized in handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention 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 known as a linkage. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a nexus letter from current health care providers (especially in the situation of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but they are not able to be considered service connected due to insufficient or missing records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by unbiased experts.

It is simpler to prove that there is a direct connection to your service for injuries or illnesses that occurred while in the military. If you have been injured in the military and you now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.

However, it is more difficult to get connected if you have an existing medical condition that got worse while in the military. To show that your time in service aggravated or worsened a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undeniable".

Appealing a denied application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veterans disability attorney can help the claimant navigate through the three decision review options: the supplemental claim, or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences and the tradition of the armed services when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and reduce the need for you to describe your experiences and circumstances in plain English.

You also want a firm who will remain on your case throughout the entire multi-year appeals process. Be wary of firms that only assist you with the first phases of your claim and then go away.

A seasoned 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, ask for an official hearing and represent you at any Board meetings so that your case will be handled without prejudice. They can also assist you to obtain benefits including monetary compensation, aid and attendance, education benefits or unemployed benefits.

Earning a higher rating

It could be that your disability becomes worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in your rating. A veteran disability lawyer can help you with this process and help you gather 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. If they overlook an injury you've suffered or overlook a problem that could be a combination of other disabilities in order to get a higher rating it's important to have an expert review your records to identify any errors.

Even if it's been more than one year since your initial rating decision, you still can file an additional review or claim. These involve a full review of your file and can result in the change of your effective date or a new rating that's more accurate to what you feel.

If you think you're worthy of a rating of 100 percent or higher, you should consider making a claim for veterans disability attorney supplemental benefits. A disability lawyer can help you create a compelling case for this rating that is reserved for the most severe of disabilities. A mental health problem for instance, might make you eligible for a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations that don't normally trigger this level of severity for a heart issue or other medical condition.

Getting help with the Appeals Process

Contrary to what some may believe the fact that a VA denial of disability benefits does not mean that an individual has no chance of recovering benefits. In fact, a former military member has a year from the date their local veterans hospital or office mails them a denial to file an appeal.

An experienced veterans disability attorneys disability attorney can assist a veteran to determine which of the three pathways for appeal would be the most appropriate for his situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that the previous decision was not right. They can even provide a veteran with a formal hearing before an Veterans Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They are also likely to have a wealth of experience in dealing with VA disability claims and understand the rules and procedures in and out. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can lead to a particular kind of empathy that could help in the resolution of a veterans' disability case.

Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims for no cost to determine if we are able to assist you. Call us today to schedule an appointment for a free evaluation.