Veterans Disability Lawyers

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

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

Proving Service Connection

The VA will only award disability benefits if you prove that the condition you are suffering from is connected to your military service. This is referred to as a relationship. There are many types of evidence that you could prove this connection, including medical records as well as independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are times where veterans are diagnosed with medical disabilities, but cannot be considered service connected due to insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed by independent experts.

It is simpler to prove that there is a direct connection to your service for illnesses or injuries which occurred while in the military. For instance, if you were hit in the head while serving and are now suffering from concussions and headaches, there is a clear link between those events and your current health condition.

It is difficult to be service-connected if you had an existing condition that deteriorated while you were in military service. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to present medical evidence that is "clear and irrefutable".

Appealing a Denied Application

The VA will review your case after you have submitted your application and submitted medical evidence. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to make a formal complaint. A veterans disability attorney can help the claimant navigate through the three decision review options - an additional claim or a 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 experience and the military's culture when choosing the New York veterans' disability lawyer. This can make the process more relaxed and eliminate the need for you to talk about your experiences and the circumstances in layman's terms.

You should also choose a firm who will continue to work on your case for the entire multi-year appeals process. Be wary about firms that assist you with the initial phases of your case and then vanish.

A seasoned New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting more medical evidence, request an official hearing, and also represent you in any Board sessions to ensure that your case will be dealt with without prejudice. They can also help win you benefits like assistance, monetary compensations and attendance benefits, educational benefits, or even unemployment.

How do I obtain a higher rating

There may be a point that your disability becomes more severe, or your symptoms get more difficult or wider. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can assist you with this process and help you collect evidence to prove your claim.

It's not unusual to see the VA make mistakes, which can result in a lower rating than you deserve. It's worth getting an expert to look over your records for mistakes. They could have missed an injury or missed the issue that could be combined with another disability to earn an even higher rating.

Even when it's been over one year since you made your initial rating decision, you still have the option of filing an additional review or claim. These include a review of your entire record, which can result in modifications to the effective date of your claim and a new rating that is more corresponding to what you feel.

If you believe that you are entitled to an assessment of 100 percent or higher, consider applying for a supplemental claim. A disability lawyer can help you create a compelling argument for this type of rating, which is reserved only for difficult to treat disabilities. For example mental health issues might qualify you for an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't usually trigger this level of the rating for a heart disease or other medical problems.

Getting help with the Appeals Process

Contrary what some believe, the fact that a VA denial of disability benefits does not mean that the person is not eligible for benefits. Former military personnel have a year to appeal a decision that is not favorable.

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

The best thing about having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim deserves. They also have a lot of experience in dealing with VA disability claims, and they are aware of the rules and procedures inside out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can lead to a particular type of empathy which can help improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us now to schedule your free assessment.