Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can assist you through the entire claims process.

Choose a veterans disability attorney who focuses their practice on handling these cases and is aware of the VA's system inside and out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if they can prove that the condition you are suffering from is connected to your military service. This is known as a "nexus. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME), or an nexus note from current health care providers (especially in the cases of mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and provide evidence that is backed by independent experts.

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

It is a lot more difficult to become service-connected if you had an existing condition that deteriorated during your military service. To prove that your service worsened or aggravated a pre-existing illness you must provide a doctor's medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing an Denial

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the case. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a complaint. A veterans disability lawyer can help the claimant navigate the three review options including a supplemental claim, 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 think about whether they are familiar with your military experience and military's culture. This can make the process more comfortable and less demanding for you to describe your experiences and situations in layman's terms.

You'll want a firm that will take on your case throughout the multi-year appeals process. Beware of companies that will only assist you with the first stages of your case, and then disappear.

A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing and represent you in any Board sessions to ensure that your case is handled in a fair and fair manner. They can also assist you in obtaining you benefits, such as financial compensations, aid and attendance benefits, educational benefits, or unemployedness.

How to get a higher rating

There could be a point that your disability becomes more severe or your symptoms become broader or more challenging. It makes sense in this case to request a higher rating. A veterans disability lawyer can assist you in this process, and they can help you find evidence to prove your claim.

It's not unusual for the VA make mistakes, resulting in a lower rating than you deserve. It's recommended to consult an expert to examine your records for any errors. They might have missed an injury or missed any issue that could have been combined with another disability to receive an improved rating.

You may still make a higher-level claim, or review if you've been rated for more than a calendar year. This includes a review of your entire file which may result in changes to the effective date of your claim and an updated rating that is more true to the feelings you have.

If you believe that you are entitled to an assessment of 100 percent or higher, consider applying for a supplemental claim. A disability lawyer can help you make a convincing case for this rating that is reserved for the most severe of disabilities. A mental health condition, for example, may allow you to receive a 100% rating of disability because it can hinder employment or trigger frequent hospitalizations that would not normally trigger this level of severity for a heart problem or any other medical condition.

Getting help with the Appeals Process

Contrary to what some may believe, an VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. In fact, a former soldier has one year from the date their local veterans hospital or office sends them a decision that is not favorable to file an appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three appeals options is best for their case. They can also help veterans put the evidence they need to convince a higher-level reviewer that the previous decision was incorrect. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim deserves. They will also have extensive experience handling VA disability claims, and they know the rules and procedure in detail. Additionally, some lawyers are veterans disability lawsuits themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a unique kind of empathy that can enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us today to schedule an appointment for a free evaluation.