Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal against a denied claim A veteran disability lawyer can assist you throughout the entire claim process.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system from top to bottom. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if they can prove that the condition you are suffering from is related to your military service. This is called a nexus. You can use a variety of evidence to prove the connection. These include medical documents, independent health examinations (IME), or the nexus letters from current health care providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is confirmed by unbiased experts.

It is easier to establish a direct service connection when injuries or illnesses occurred while you were in the military. For instance, if received a head injury in the course of your service and suffer headaches and concussions, there is a strong connection between those events and your current health condition.

It is harder to get service-connected if there was a pre-existing condition that worsened during your military service. In order to prove that your time in service worsened or aggravated an existing condition you must provide a doctor's medical evidence that is at the level of "clear and irrefutable" evidence.

Appealing to a Denial

After filing an application and submitting medical evidence The VA will review the case. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has a year to submit a notice of disagreement. A veterans disability attorney can guide the claimant through the three review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the military's culture when selecting a New York veterans' disability lawyer. This can make it easier for you and decrease the need to explain your situations and experiences in a layman's way.

You should also choose 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 initial stages of your case, and then disappear.

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

Getting a Higher Rating

It may happen that your disability gets worse or your symptoms get more severe. It is logical in this situation to ask for an increase in the rating. A veteran disability lawyer can assist you with this process and help you gather evidence to back your claim.

It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. It's recommended to consult an expert to look over your records for any errors. They may have missed an injury or left out an issue that could be combined with another condition to get an increase in rating.

You can still submit a higher-level claim or review if you have been assessed for more than a calendar year. These require a complete review of your dossier and may result in changes to your effective date or a new rating that's more accurate to what you really feel.

It's also worth seeking an additional claim or a more thorough review if you believe you're entitled to a disability grade of 100 percent or more. A disability attorney can help you develop an argument that is convincing for this kind of rating, that is reserved for those with severe disabilities. For example, a mental health condition could be a reason to get an absolute disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization. These don't typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.

Getting Help with the Appeals Process

Despite what some people may think the denial of claims for disability by the VA isn't the end of a person's chances to receive benefits. In fact, a former servicemember is given one year from the date the local veterans' hospital or office mails them a denial to appeal.

An experienced veterans disability attorney can assist a veteran in determining which of the three pathways for appeal would be the most appropriate for his particular case. They can also help veterans gather the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They can even assist a veteran with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention that your claim needs. They are also likely to have extensive experience dealing with VA disability claims and understand the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans disability lawsuit face. This creates an unique type of empathy that can sometimes enhance the outcome of a disability claim for veterans.

The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims free of charge to determine if we can assist you. Call us today to arrange your complimentary evaluation.