Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From collecting medical and service proof to filing an appeal of a claim that has been denied.

Choose a veterans disability attorney who focuses their practice on handling these cases and knows the VA's system inside out. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it is proven that your condition is related to your military service. This is known as a relationship. There are different types of evidence that you can prove the connection, including medical records and independent medical examinations (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence backed by impartial experts.

It is much easier to prove a direct connection when injuries or illnesses occurred while you served in the military. If you have been injured in the military, and now suffer from headaches and concussions it is much easier to prove a direct service connection.

It is harder to get connected to a service if you have a pre-existing condition that worsened while you were in military service. To prove that your service has aggravated or worsened an existing medical condition You must present expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing an Denial

After submitting an application and providing medical evidence after which the VA will review the application. It usually makes a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a complaint. A veterans disability attorney can help the claimant navigate through the three decision review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences and the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the need to explain your situations and experiences in layman's.

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

An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit additional medical evidence, request an official hearing and assist you at any Board meetings so that your case will be handled without prejudice. They can also help you win you benefits like monetary compensations, aid and attendance benefits, educational benefits, or unemployability.

How do I obtain a higher rating

There may be a point when your disability becomes more serious, or your symptoms get broader or more challenging. It is logical in this scenario to ask for a higher rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to prove your claim.

It's not unusual to see the VA make mistakes, resulting in a lower rating than you deserve. It's a good idea to hire an expert to look over your records for any errors. They might have missed an injury or neglected to mention an issue that could be in conjunction with another disability to earn a higher rating.

Even if it's been more than one year since you made your initial rating decision, you can file an additional review or claim. These include a review of your entire record, which may result in changes to your effective date as well as an updated rating that is more true to what you feel.

It's also worth pursuing an additional claim or higher-level review if you believe you are entitled to a disability rating that is 100 percent or more. A disability lawyer can help build a strong case for this rating that is reserved for the most debilitating of disabilities. For instance the mental health issue could be a reason to get an absolute disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization that do not typically trigger this kind of rating for cardiovascular disease or other medical problems.

Getting help with the Appeals Process

Contrary to what many people think that denial of an appeal for disability by the VA isn't the end of an individual's chance to get benefits. Former service members have one year to appeal a decision that is not favorable.

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

A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They are also likely to have years of experience dealing with VA disability claims and are aware of the rules and procedures both inside and outside. In addition, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can lead to a particular type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today for your complimentary evaluation.