Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the claims process.

Choose a veteran disability lawyer who is specialized in these types of cases and is familiar with the VA system. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition you have is linked to your military service. This is referred to as nexus. There are different types of evidence you could prove the connection, such as medical records, independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed up by experts who are impartial.

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

However, it's more difficult to get service connected if you have an existing medical condition that became worse when you were in the military. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide expert medical evidence that is "clear and undeniable".

Appealing an Denial

After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will examine the case. The VA will usually issue the decision of approving or disapproving benefits. If the decision is not favorable, the veteran has one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three options for review that include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Be sure to think about whether they understand your military experiences and the army's culture. This will make the process more enjoyable and reduce the need for you to explain your experience and situations in plain language.

You also want a firm who will remain on your case for the entire duration of your appeal. Beware of firms that assist you with the first stages of your case, and then disappear.

An experienced New York veterans' disability lawyer can assist you in all phases of the claim, including appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployed benefits.

Earning a higher rating

It could happen that your disability gets more severe or your symptoms become more severe. It makes sense in this scenario to ask for an increase in rating. A veterans disability lawyer can assist you in this process, and can assist you in locating evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in an lower disability rating than you're entitled. It's worth contacting an expert to review your records for errors. They may have missed an injury or omitted the issue that could be coupled with another disability to earn an improved rating.

You may still file a higher-level claim or review if you've been assessed for more than a calendar year. This could include a thorough review of your entire file, which may result in modifications to your effective date as well as a new rating more accurate to the feelings you have.

If you believe you're entitled to a rating of 100 percent, or higher, it's worth applying for a supplemental claim. A disability lawyer can help you put together a compelling argument for this type of rating which is reserved for extremely serious disabilities. For instance the mental health issue could be a reason to get an absolute disability rating because it can cause marked interruption to work or periods of hospitalization. These don't normally trigger this type of an assessment for a cardiovascular illness or other medical issues.

Getting help with the Appeals Process

Contrary to what many believe contrary to what many may think, contrary to what some may believe, a VA denial of disability benefits does not mean that the person is in no position to claim benefits. Former service members have a year to appeal an outcome that is not favorable.

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

The best thing about having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim requires. They also have a lot of experience handling VA disability claims, and they understand the rules and procedure inside out. Some lawyers are veterans disability attorney, and therefore know the challenges faced by disabled veterans. This can create a special type of empathy which can improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to set up your free assessment.