Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the entire claim 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 out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be confirmed that your illness is related to your military service. This is known as a nexus. There are various types of evidence that you could use to show this connection, including medical records or independent medical exams (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is supported by unbiased experts.

It is much easier to establish the direct connection between your service and illnesses or injuries that occurred while you were 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 harder to get service-connected if you had an existing condition that deteriorated while you were in military service. In order to prove that your service has aggravated or worsened an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and irrefutable" proof.

Appealing a Denial

After submitting an application and submitting medical evidence The VA will review the case. The VA usually issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given a year to make a formal complaint. A veterans disability lawyer can assist the claimant through the three options for review -- a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Take into consideration whether they are familiar with your military experience and the army's culture. This will make the process more relaxed and reduce the need for you to explain your experiences and circumstances in plain English.

You need a firm that will take on your case throughout the lengthy appeals procedure. Be wary 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 in all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you to claim benefits like monetary compensation aid and attendance, education benefits, or unemployment benefits.

How can you get a better rating

It may happen that your disability gets more severe or your symptoms become more severe. It makes sense in this instance to seek an increase in rating. A veterans disability lawyer can help with that procedure, and assist you in locating evidence to prove your claim.

It's not unusual for the VA make mistakes, which can result in being awarded a lower rating than what you deserve. It's a good idea to hire a professional to check your records for errors. They might have missed an injury or neglected to mention the issue that could be coupled with another disability to get an increase in rating.

You may still make a higher-level claim, or review if you've been rated for more than a calendar year. These are a thorough examination of your file, and could result in changes to your effective date or a new rating that's more accurate to what you really feel.

It's also worth pursuing an additional claim or higher-level review if you believe you deserve a disability rating of 100 percent or more. An attorney for disability can help you create a convincing argument for this type of rating, which is reserved for extremely difficult to treat disabilities. A mental health problem for instance, might qualify you for a 100 percent disability rating because it could hinder your employment or result in frequent hospitalizations that are not typically triggering this level for a cardiovascular problem or other medical issues.

Need Help with the Appeals Process

Contrary to what some may believe that denial of a disability claim by the VA is not the end of an individual's ability to get benefits. Former service members have a year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals routes is most suitable for their case. They can also help an individual in assembling the evidence required to convince a higher-level reviewer the previous decision was not right. They can even assist veterans with a more formal hearing before a Veterans Law Judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim needs. They are also likely to have a vast experience dealing with VA disability claims and know the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans disability law firms face. This creates an unique type of empathy that can improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to schedule your free evaluation.