Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the claims process.

Choose a lawyer for veterans disability lawsuits who is specialized in handling these cases and knows the VA's system inside and out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it's established that your condition is linked to your military experience. This is referred to as nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health exams (IME) or a an nexus letter from your current health care providers (especially in the cases of mental health issues). Sometimes, veterans suffer from medically-determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and submit evidence that is backed by independent experts.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. For example, if you were struck in the head during your time in service and you are suffering headaches and concussions there is a clear link between the two events and your current condition.

However, it is harder to get connected if you have a pre-existing medical condition that worsened while you were in the military. To prove that your time in service worsened or aggravated a pre-existing illness it is necessary to provide expert medical evidence that rises to the level of "clear and unmistakable" evidence.

Appealing a denied application

After filing an application and submitting medical evidence after which the VA will examine the case. It usually issues a decision which either approves or denies benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disagreement. A veteran's disability attorney can help the claimant navigate through the three 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 experience as well as the tradition of the armed services when selecting a New York veterans' disability lawyer. This can help you feel more comfortable and eliminate the need for you to explain your experience and situations in plain language.

You also want a firm that will continue to work on your case for the entire duration of your appeal. Be wary of firms that only help you with the initial stages of your claim and then vanish.

A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request an official hearing and assist you in any Board sessions to ensure that your case is handled in a fair manner. They can also help you win your benefits, like monetary compensation, aid and attendance, education benefits or unemployability benefits.

How can you get a better rating

There might come a time when your disability gets worse, or your symptoms get broader or more challenging. In that case, it makes sense to ask for an increase in your rating. A lawyer for veterans disability law firm can help with that procedure, and assist you in locating evidence to justify your request.

It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled to. If they miss an injury you've suffered or overlook a problem that could be combined with other disabilities to earn higher ratings It's worthwhile to have a professional look over your records to identify any mistakes.

Even the fact that it's been more one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These include a review of your entire dossier, which may result in changes to the effective date of your claim and an updated rating that is more true to the feelings you have.

It's also worth seeking an additional claim or higher-level review if you're entitled to a disability grade of 100 percent or higher. An attorney for disability can help you create a compelling argument for this kind of rating, that is reserved for those with severe disabilities. For example an illness that is mental could qualify you for an absolute disability rating because it can cause a significant interruption to work or periods of hospitalization that don't normally trigger this type of a rating for a cardiovascular condition or other medical problem.

Getting Help with the Appeals Process

Contrary to what some may believe, the denial of a disability claim by the VA is not the end of an individual's chances to receive benefits. In fact, a former military member has one year from the date that their local veterans hospital or office sends them a denial to appeal.

An experienced veterans disability attorney can help a vet determine which of the three options for appeal is best for his particular situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention your claim requires. They also have a lot of experience dealing with VA disability claims, and they know the rules and procedures in detail. Additionally, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This can result in a unique type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Call us today to schedule your free evaluation.