veterans disability lawsuit Disability Lawyers

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

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

Proving Service Connection

The VA will only grant disability benefits when it can be confirmed that your illness is related to your military service. This is called a linkage. There are different types of evidence you could demonstrate this connection, such as medical records and independent medical examinations (IME) and letters from current health professionals or therapists (especially for mental health issues). There are occasions where veterans are diagnosed with medical disabilities, but cannot be service connected because of the absence of or insufficient documents. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed by independent experts.

It is simpler to prove the direct connection between your service and 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 a pre-existing medical condition that worsened when you were in the military. In order to prove that your time in military service worsened or aggravated an existing condition, you must supply expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a Denial

After submitting an application and providing medical evidence The VA will examine the case. The VA usually issues a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to file a complaint. A veterans disability attorney can assist the claimant through the three decision review options: a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they can understand your military background and army's culture. This can make it easier for you and decrease the requirement to explain your situation and experiences in layman's terms.

You also want a firm that will work on your case throughout the entire multi-year appeals process. Be wary of companies that assist you with the initial stages of your claim, and then vanish.

An experienced New York veterans disability Attorney - Thinktoy.Net, can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help win you benefits such as cash compensations, aid or education benefits, attendance benefits, or even unemployment.

How to get a higher rating

It is possible that your disability becomes worse or your symptoms are more severe. It makes sense in this situation to ask for a higher rating. A lawyer for veterans can assist you in this process, and they can help you find evidence to support your request.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled. It's worth getting an expert to examine your records for mistakes. They could have missed an injury or left out the issue that could be combined with another disability to get an increase in rating.

Even even if it's been more than one year since the initial rating decision, you can file a higher-level review or supplemental claim. These involve a full review of your dossier and may result in a change to your effective date or an entirely new rating that's more accurate to what you really feel.

If you believe you deserve an assessment of 100 percent, or higher, consider seeking a supplemental claim. A disability lawyer can help develop a compelling argument for this rating, which is reserved only for the most serious disabilities. For instance mental health issues could qualify you for 100% disability ratings due to the fact that it causes significant interference with employment or frequent periods of hospitalization that don't typically trigger this kind of a rating for a cardiovascular condition or other medical problem.

Assistance with the Appeals Process

Contrary what some believe, an VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. In fact, a former soldier is given one year from the date their local veterans hospital or office sends them an unfavorable determination to file an appeal.

An experienced veterans disability attorney can assist a vet in determining which of the current three pathways for appeal is best for his particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with an extra formal hearing before a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a lot of experience handling VA disability claims, and are familiar with the rules and procedure inside out. Some attorneys are veterans, so they know the challenges that disabled veterans face. This can lead to a particular type of empathy which can sometimes improve the outcome of an appeal for veterans' disability.

Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims free of charge to determine if we can help you. Call us today to set up your free evaluation.