Veterans Disability Lawyers

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

Choose a lawyer for veterans who limits their practice to dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it is proven that your condition is connected to your military service. This is referred to as a nexus. There are different types of evidence that you can use to show this connection, such as medical records and independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is supported by experts who are impartial.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. If you were injured during your military service and now suffer from headaches and concussions, it is easier to prove a direct service connection.

However, it is more difficult to get connected if you have a pre-existing medical condition that worsened when you were in the military. To prove that your service aggravated or worsened a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veterans disability attorney can assist the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer Make sure you consider whether they can understand your military experience 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'll want a firm that will handle your case through the lengthy appeals procedure. Beware of firms that only assist you with the initial stages of your claim and then vanish.

A seasoned New York veterans' disability attorney can assist you at every stage of your claim and appeals. 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 you get your benefits, like monetary compensation aid and attendance, educational benefits, or unemployment benefits.

How to get a higher rating

There may come a time when your disability gets worse or your symptoms become broader or more challenging. It makes sense in this scenario to ask for an increase in rating. A veteran disability lawyer can assist you in this process and help you gather evidence to back your claim.

It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you're entitled. It's recommended to consult an expert to examine your records for errors. They may have missed an injury or left out an issue that could be in conjunction with another disability to earn an improved rating.

You are still able to file a higher-level claim and review if you've been evaluated for more than a calendar year. These involve a full review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more accurate to what you feel.

If you believe you deserve a rating of 100 percent or higher, you should consider requesting a supplemental claim. A disability lawyer can help create a compelling case for this rating which is only available for the most debilitating disabilities. For instance the mental health issue might qualify you for an 100% disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization that do not typically trigger this kind of the rating for a heart illness or other medical issues.

Getting Help with the Appeals Process

Contrary to what some believe the fact that an VA denial of disability benefits does not mean that an individual isn't eligible to receive benefits. In fact, a former military member has one year from the date their local veterans hospital or office mails them a denial to file an appeal.

A skilled veteran disability lawyer can assist a veteran in determining which of the three appeals options is most appropriate for their particular situation. They can also assist veterans disability law firms [their explanation] put the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They may also give a veteran an extra formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention your claim requires. They also have a wealth of experience in dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that may enhance the outcome of a case involving a disabled veteran.

Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for no cost to determine if we can help you. Contact us today for your free assessment.