Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From assembling medical and service evidence to submitting an appeal of the denial of your claim.

Select a veteran disability attorney who is specialized in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you have is a result of your military service. This is called a nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or nexus letter from current health care providers (especially in the case of mental health conditions). There are occasions when veterans have medically determinable disabilities, but are unable to be considered to be service-connected due insufficient or missing documents. These cases require the help of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by experts who are impartial.

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

However, it is harder to get connected if you suffer from an existing medical condition that grew worse while you were in the military. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and undisputed".

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually makes a decision which either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three decision review options which include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Be sure to think about whether they understand your military background and traditions of the armed forces. This can make the process more enjoyable and eliminate the need for you to talk about your experiences and situations in plain language.

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

An experienced New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can help you submit 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 help you win you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or even unemployment.

How do I obtain a higher rating

It is possible that your disability becomes more severe or your symptoms become more severe. It makes sense in this instance to seek an increase in rating. A veterans disability lawsuit disability lawyer can help with that process, and they can assist you in finding evidence to justify your request.

It's not unusual for the VA to make errors, which could result in receiving a lower score than you deserve. If they overlook an injury that you suffer from or overlook a problem which could be linked to other disabilities to earn an improved rating it's important to have an expert review your records to identify any mistakes.

You can still submit a higher-level claim or review if you've been evaluated for more than a calendar year. These involve a full review of your file, and could result in changes to your effective date or an updated rating that is more accurate to what you feel.

It's also worth pursuing an additional claim or a higher-level review if you're entitled to a disability rate of 100 percent or higher. A disability lawyer can help make a convincing case for this rating which is only available for the most debilitating of disabilities. A mental health condition such as depression, for instance, could make you eligible for a 100 percent disability rating because it can hinder employment or trigger frequent hospitalizations that don't normally trigger this level for a heart problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what some may believe, the denial of an application for disability benefits by the VA isn't the end of an individual's ability to recover benefits. In fact, a former servicemember has a year from the date that their local veterans hospital or office sends them an unfavorable determination to appeal.

An experienced veterans disability lawyer (m1bar.com) can help a veteran decide which of the three pathways for appealing would be the best option for their situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can provide a veteran an additional formal hearing front of an Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim requires. They also have extensive experience dealing with VA disability claims and know the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans have to face. This creates a unique type of empathy that may improve the outcomes of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us today to arrange your complimentary evaluation.