Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to filing an appeal against an appeal denied.

Choose a lawyer for veterans who focuses their practice on dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits when it can be proved that your condition is linked to your military experience. This is known as a nexus. There are various types of evidence that you could demonstrate this connection, including medical records or independent medical exams (IME), and letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is confirmed by experts who are impartial.

It is easier to prove direct service connection for illnesses or injuries that occurred while you were in the military. If you've been injured while in the military and you now suffer from headaches or concussions it is much easier to prove a direct service connection.

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 aggravated or made worse an existing illness you must provide a doctor's medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a Denial

After filing an application and submitting medical evidence The VA will review the application. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given a year to make a formal complaint. A lawyer for veterans' disability can assist the applicant navigate the three possible review options -- the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Make sure you consider whether they are familiar with your military background and culture of the armed forces. This can make things easier for you and decrease the requirement to explain your situation and experiences in a layman's way.

You also want a firm who will remain on your case throughout the entire multi-year appeals process. Beware of companies that will only help you with the initial phases of your claim and then vanish.

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 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 help you get your benefits, including monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

How to get a higher rating

It could happen that your disability gets worse or your symptoms become more severe. In such a case it's logical to request a higher rating. A veteran disability lawyer can help you with this process and help you gather evidence to support your claim.

It's not unusual for the VA to make errors, which could result in an under-rated rating than you deserve. If they overlook an injury you have or ignore a condition which could be linked to other disabilities in order to get a higher rating It's worthwhile to have an expert look over your records to find any mistakes.

You are still able to file a higher-level claim and review if you've been evaluated for more than a calendar year. These can include a review of your entire record, which can result in changes to your effective date, as well as a new rating that is more corresponding to your personal feelings.

If you think you're worthy of a rating of 100 percent or more, it's worth making a claim for supplemental benefits. An attorney for disability can help you create an argument that supports this type of rating which is reserved only for serious disabilities. For instance the mental health issue might qualify you for 100% disability ratings due to the fact that it causes significant disruption to your work or frequent periods of hospitalization, which don't normally trigger such the rating for a heart disease or other medical issue.

Help with the Appeals Process

Contrary to what many believe, an VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former military member has one year from the date their local veterans hospital or office mails them a denial to file an appeal.

A skilled veteran disability lawyer can help a veteran decide which of the three current ways to appeal is the best option for their situation. They can also assist a vet get all the evidence required to convince a higher-level reviewer that the previous decision was incorrect. They can even assist a veteran with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have extensive experience in dealing with VA disability claims, and are familiar with the rules and procedures in detail. Additionally, some lawyers are veterans themselves, which means they are aware of the difficulties disabled veterans face. This can result in a unique kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for no cost to determine if we can help you. Call us today to arrange your free assessment.