Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From collecting medical and service proof to submitting an appeal of the denial of your claim.

Choose a veteran disability attorney who specializes in these cases and is familiar with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits only if you prove that the condition you have is related to your military service. This is referred to as linkage. There are a variety of evidence that you could demonstrate this connection, including medical records and independent medical examinations (IME) and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are instances when veterans disability law firms have medically determinable disabilities, but are unable to be considered to be service-connected due insufficient or missing records. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and present evidence that is backed up by independent experts.

It is easier to establish a direct connection if injuries or illnesses occurred while you were in the military. For example, if you were hit in the head during your time in service and you are suffering headaches and concussions there is a clear connection between those events and your current condition.

However, it is harder to get connected if you suffer from an existing medical condition that grew worse when you were in the military. To prove that your time in service has aggravated or worsened an existing condition, you must supply expert medical evidence that reaches the level of "clear and irrefutable" evidence.

Appealing a denied application

The VA will review your application after you have submitted your application and provided medical evidence. It usually issues a ruling which either approves or denies benefits. If the decision is unfavorable, the veteran has one year to make a notice of disagreement. A veterans disability lawyers disability attorney can guide the claimant through the three decision review options: a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences and the culture of the armed services when selecting a New York veterans' disability lawyer. This will make the process more relaxed and reduce the need for you to explain your experiences and situations in layman's terms.

You should also choose a firm who will remain on your case for the duration of the appeals process over a period of years. Be wary about firms that assist you with the initial stages of your claim, and then go away.

An experienced 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 more medical evidence, file an official hearing, and also represent you in any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also assist in obtaining you benefits such as financial compensations, aid and attendance benefits, education benefits, or unemployability.

How can you get a better rating

It could be that your disability gets worse or your symptoms are more severe. It is logical in this situation to ask for a higher rating. A veterans disability lawyer can assist with this process, and they can help you find evidence to support your request.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you deserve. It's worth getting an expert to look over your records for mistakes. They may have missed an injury or omitted an issue that could be added to another condition to get an even higher rating.

Even the fact that it's been more one year since you made your initial rating decision, you still can file a higher-level review or supplemental claim. These can include a review of your entire record, that could lead to changes to your effective date and a new rating more accurate to the feelings you have.

If you think you're worthy of an assessment of 100 percent, or more, it's worth making a claim for supplemental benefits. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most severe of disabilities. For instance mental health issues might qualify you for an 100% disability rating because it could cause significant interference with employment or frequent periods of hospitalization that don't normally trigger such a rating for a cardiovascular condition or other medical problem.

Helping with the Appeals Process

Despite what some think that denying an application for disability benefits by the VA is not the end of an individual's chance to recover benefits. In fact, a former veteran has a year from the date that the local veteran's hospital or office sends them a decision that is not favorable to file an appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three appeals routes is most appropriate for their particular situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can even assist a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have extensive experience handling VA disability claims, and they know the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans face. This can create a special kind of empathy that can improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to schedule your complimentary evaluation.