Veterans Disability Lawyers

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

Choose a veterans disability attorney who is specialized in 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 grant disability benefits if you can prove that the condition is linked to your military service. This is called a nexus. You can use a variety of evidence to prove the connection. These include medical documents, independent health examinations (IME), or nexus letter from current health care providers (especially in the case of mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to present an accurate claim and submit evidence that is backed by experts who are independent.

It is easier to prove an immediate connection with your service to illnesses or injuries that you sustained while in the military. If you have been injured in the military and you now suffer from headaches or concussions, it's easier to establish a direct connection to the service.

However, it's more difficult to be connected if you suffer from a pre-existing medical condition that became worse when you were in the military. In order to prove that your service has aggravated or worsened an existing medical condition You must present expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a Denied Application

After filing 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 isn't favorable, the veteran has a year to file a notice of disagreement. A veterans disability attorney can assist the claimant through the three decision review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer, be sure to consider whether they are familiar with your military experience and the military's culture. This will make it easier for you and lessen the need to explain your situations and experiences in a layman's way.

You need a firm that will be working on your case through the lengthy appeals procedure. Beware of firms that assist you in the initial phases 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 and request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you win you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or unemployability.

How do I obtain a higher rating

It could be that your disability gets worse or your symptoms become more severe. In that case it is sensible to seek an increase in your rating. A lawyer for veterans can assist with this process, and can help you find evidence to justify your request.

It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. It's recommended to consult a professional to check your records for any errors. They could have missed an injury or missed a problem which could be combined with another condition to get an even higher rating.

Even the fact that it's been more one year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. 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 applying for a supplemental claim. A disability lawyer can assist you to develop a compelling argument for this rating which is only available for the most debilitating disabilities. For example, a mental health condition might qualify you for 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization. These don't normally trigger this type of an assessment for a cardiovascular illness or other medical issues.

Help with the Appeals Process

Contrary what some believe, the fact that a VA denial of disability benefits doesn't mean that an individual has no chance of recovering benefits. In fact, a former military member has a year from the date that the local veteran's hospital or office sends them a denial to file an appeal.

An experienced veterans disability attorney can help a vet determine which of the current three pathways for appeal is the best option for his situation. They can also assist an individual in assembling the evidence required 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 will give you the individualized attention your claim requires. They also have a lot of experience in dealing with VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates an unique type of empathy, which can make a difference in the outcome of a case involving a disabled veteran.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for no cost to determine if we can assist you. Call us today to set up your complimentary evaluation.