Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can assist you through the entire claims process.

Choose a veteran disability attorney who is specialized in these cases and is well-versed with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits only if you prove that the condition you are suffering from is related to your military service. This is referred to as a nexus. There are many types of evidence you could demonstrate this connection, such as medical records, independent medical examinations (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). There are instances when veterans have medically determined disabilities, but they cannot be considered service connected due to insufficient or missing records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while in the military. For instance, if you were hit in the head while serving and are now suffering headaches and concussions there is a clear connection between the events that led to your current condition.

It is a lot more difficult to become service-connected if there was a pre-existing condition that worsened while you were in military service. In order to prove that your service aggravated or made worse an existing illness, you must supply expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing to a Denial

After submitting an application and providing medical evidence, the VA will review the application. It usually makes a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has a year to file a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three review options which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Take into consideration whether they are familiar with your military experience and army's culture. This will make the process more enjoyable and eliminate the need for you to explain your experiences and the circumstances in layman's terms.

You want a company that will work on your case throughout the long appeals process. Beware of firms who only help you with the initial stages of your claim and then go away.

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 your case is handled in a fair manner. They can also help you win your benefits, like monetary compensation aid and attendance, educational benefits or unemployment benefits.

Getting a Higher Rating

There may come a time that your disability becomes more severe, or your symptoms get more complicated or broad. In this case it's sensible to request an increase in your rating. A veterans disability lawyer can help with that process, and they can help you find evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled. Whether they accidentally miss an injury you've suffered or ignore a condition that could be combined with other disabilities to earn an increase in rating It's a good idea to have an expert review your records to spot any mistakes.

Even the fact that it's been more one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your file and can result in a change to your effective date or a new rating that's more accurate to what you really feel.

It's also advisable to file an additional claim or a higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or greater. An attorney for disability can help you put together a convincing argument for this type of rating, which is reserved only for serious disabilities. For instance the mental health issue could qualify you for an absolute disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that do not normally trigger such a rating for a cardiovascular illness or other medical issues.

Need Help with the Appeals Process

Contrary to what many people believe that denying claims for disability by the VA isn't the end of a person's chances to get benefits. In fact, a former veteran has a year from the date that the local veteran's hospital or office sends them an unfavorable determination to appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals options is best for their case. They can also assist veterans disability attorneys in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can also provide a veteran with an extra formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have extensive experience handling VA disability claims, and they know the rules and procedures inside out. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a distinct type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.

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