Veterans Disability Lawyers

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

Choose a veterans disability attorney 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 gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition is linked to your military service. This is known as a nexus. There are various types of evidence that you could prove this connection, including medical records, independent medical examinations (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence that is backed up by independent experts.

It is easier to establish a direct service connection if injuries or illnesses occurred while you were in the military. For example, if you were hit in the head in the course of your service and suffer from concussions and headaches, there is a clear connection between the events that led to your current health condition.

It is more difficult to be service-connected if you had an existing medical condition that was worsened during your military service. In order to prove that your service worsened or aggravated an existing illness, you must supply expert medical evidence that rises to the level of "clear and unmistakable" proof.

Appealing an Denial

After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability attorney can help the claimant navigate through the three review options: an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer, be sure to consider whether they understand your military background and military's culture. This can make it easier for you and reduce the requirement to explain your situation and experiences in a layman's way.

You want a firm who will handle your case through the lengthy appeals procedure. Be wary of companies that assist you in the initial stages of your claim and then disappear.

A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also assist in obtaining you benefits, such as cash compensations, aid or attendance benefits, education benefits, or unemployment.

Receiving a Better Rating

It could be that your disability becomes worse or your symptoms are more severe. In this case it's sensible to request a higher rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to prove your claim.

It's not unusual to see the VA to make errors, which could result in an under-rated rating than you deserve. It's worth getting a professional to check your records for any errors. They may have overlooked an injury or neglected to mention the issue that could be combined with another disability to get an improved rating.

You may still make a higher-level claim, or review if you have been evaluated for more than a calendar year. This involves a thorough review of your file. It could result in a change to your effective date or an updated rating that is more accurate to what you feel.

If you believe that you are entitled to an assessment of 100 percent, or more, it's worth applying for a supplemental claim. A disability attorney can help you develop an argument that supports this type of rating which is reserved only for debilitating disabilities. For instance an illness that is mental could be a reason to get a 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization. These don't normally trigger this type of rating for cardiovascular condition or other medical problem.

Getting help with the Appeals Process

Contrary to what some may think, the denial of an appeal for disability by the VA is not the end of an individual's chances to recover benefits. Former military personnel have a year to appeal the decision if it is not favorable.

An experienced veterans disability attorney can assist a veteran to determine which of the current three options for appeal would be the most appropriate for his case. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with an additional formal hearing front of a veterans disability lawsuits Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim needs. They also have a wealth of experience dealing with VA disability claims, and are familiar with the rules and procedures in detail. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This creates a distinct type of empathy that can improve the outcomes of a disability claim for veterans.

Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims for no cost to determine whether we can help you. Contact us today to arrange an evaluation for free.