Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to submitting an appeal of an appeal denied.

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

Proving Service Connection

The VA will only provide disability benefits if it's established that your condition is connected to your military service. This is referred to as a relationship. There are different types of evidence that you can prove the connection, including medical records, independent medical examinations (IME) and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and provide evidence backed by impartial experts.

It is easier to prove a direct connection when injuries or illnesses occurred during your time in the military. If you were injured in the military, and now suffer from headaches or concussions, it is easier to prove a direct service connection.

However, it's more difficult to be connected if you have a pre-existing medical condition that got worse while you were in the military. To prove that your time in service has aggravated or worsened an existing condition You must present expert medical evidence that is at the level of "clear and irrefutable" proof.

Appealing a Denial

The VA will review your case after you have submitted your application and submitted medical evidence. It typically issues a decision which either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three review options which include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experiences and the military's culture. This can make things easier for you and decrease the requirement to explain your situation and experiences in layman's terms.

You should also choose a firm who will continue to work on your case for the entire appeals process of several years. Be wary of companies that assist you in the initial stages of your claim, and then disappear.

An experienced New York veterans disability attorney can assist you in all stages 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 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.

How can you get a better rating

There could be a point when your disability gets worse or your symptoms become more complicated or broad. In that case, it makes sense to seek a higher rating. A veterans disability lawyer can assist you in this process, and assist you in locating evidence to support your request.

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

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

It's also advisable to file an additional claim or higher-level review if you're entitled to a disability rate that is 100 percent or more. An attorney for disability can help you put together a compelling argument for this type of rating, which is reserved only for serious disabilities. For example an illness that is mental could qualify you for a 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that do not usually trigger this level of rating for cardiovascular illness or other medical issues.

Need help with the Appeals Process

Despite what some think, the denial of claims for disability by the VA is not the end of a person's chances to collect benefits. In fact, a former servicemember has a year from the date that the local veteran's hospital or office sends them a negative decision to file an appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals routes is most appropriate for their particular situation. They can also assist an individual vet put the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can even provide veterans with a more formal hearing before a Veterans Law Judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They also have a lot of experience dealing with VA disability claims, and they know the rules and procedures inside out. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This can create a special kind of empathy that can improve the outcome of an appeal for veterans' disability.

The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine whether we can help you. Call us today to schedule your free assessment.