Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.

Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside and out. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it can be proven that your condition is directly related to your military service. This is called a nexus. There are many types of evidence you could prove this connection, including medical records, independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are occasions when veterans have medically determined disabilities, but they cannot be considered service-connected due to insufficient or missing documents. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.

It is easier to establish a direct service connection when injuries or illnesses occurred while you served in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions, there is a clear link between the events that led to your current condition.

However, it is harder to get connected if you have an existing medical condition that grew worse while in the military. In order to prove that your service has aggravated or worsened an existing illness You must present expert medical evidence that reaches the level of "clear and undeniable" evidence.

Appealing a denied application

The VA will review your application after you have submitted your application and provided medical proof. It typically 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 disability attorney for veterans can guide the claimant through the three decision review options - a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences and the traditions of the armed forces when selecting a New York veterans' disability lawyer. This can make the process more comfortable and reduce the need for you to talk about your experiences and circumstances in plain English.

You'll want a firm that will work on your case throughout the lengthy appeals procedure. Be wary of companies that 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 assist you in submitting more medical evidence, file an official hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist in obtaining you benefits such as monetary compensations, aid and education benefits, attendance benefits, or unemployment.

Getting a Higher Rating

There may be a point when your disability gets worse, or your symptoms get broader or more challenging. It is logical in this situation to ask for an increase in your rating. A lawyer for veterans can assist in that procedure, and assist you in finding 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 examine your records for errors. They could have missed an injury or omitted a problem which could be added to another condition to get an even higher rating.

You may still make a higher-level claim, or review if you have been rated for more than a calendar year. These include a review of your entire file, which can result in modifications to your effective date, as well as a new rating that is more corresponding to the feelings you have.

It's also worth seeking an additional claim or a higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or higher. A disability attorney can help you put together an argument that is convincing for this type of rating which is reserved for extremely debilitating disabilities. For example mental health issues might qualify you for a 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that don't normally trigger this type of the rating for a heart illness or other medical issues.

Help with the Appeals Process

Contrary to what many believe the fact that an VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. Former military personnel have a year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can help a veteran decide which of the three current appeals options is most appropriate for their particular situation. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer the previous decision was not right. They can even provide veterans with a formal hearing before an Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim deserves. They also have a wealth of experience in handling VA disability claims and are aware of the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means they are aware of the difficulties disabled Veterans disability Law firms have to face. This creates a unique type of empathy, which can make a difference in the outcome of a case involving a disabled veteran.

The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Call us today to arrange your free assessment.