Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.

Select a veteran disability attorney who is specialized in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it is confirmed that your illness is linked to your military experience. This is referred to as linkage. There are various types of evidence you could prove this connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are occasions when veterans have medically determined disabilities, but they cannot be service connected because of insufficient or missing records. These cases require the help of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is backed by independent experts.

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

However, it is more difficult to get connected if you have an existing medical condition that grew worse during your time 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 present medical evidence from an expert that is "clear and undeniable".

Appealing a Denial

The VA will review your case after you have submitted your application and submitted medical evidence. It usually issues a ruling that either approves or denies benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disparagement. A lawyer for veterans' disabilities can help the claimant navigate the three options for review which include a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans disability lawsuit' Appeals.

Take note of whether the lawyer is familiar with your military experience as well as the tradition of the armed services when choosing the New York veterans' disability lawyer. This will make it easier for you to understand and reduce the need to explain your situations and experiences in layman's.

You need a firm that will handle your case throughout the multi-year appeals procedure. Be wary of firms that help you with the initial phases of your case and then vanish.

An experienced New York veterans' disability lawyer can assist you in every stage of your claim including appeals. They can help you submit more medical evidence, request an official hearing and represent you at any Board meetings to ensure that your case will be dealt with without prejudice. They can also assist you to get your benefits, including monetary compensation, aid and attendance, education benefits or unemployment benefits.

How can I get a better rating

It could happen that your disability gets worse or your symptoms become more severe. It makes sense in this instance to seek an increase in the rating. A lawyer for veterans' disability can help with that process, and can assist you in finding evidence to prove your claim.

It's not uncommon to see the VA to make mistakes that result in being awarded a lower rating than what you deserve. If they miss an injury that you suffer from or miss a condition that could be linked with other disabilities in order to get higher ratings It's a good idea to have a professional look over your records to identify any errors.

Even if it's been more than a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your file, and could result in the change of your effective date or a new rating that's more accurate to what you really feel.

If you believe you deserve a rating of 100 percent or more, it's worth applying for a supplemental claim. A disability lawyer can help you create a compelling case for this rating which is reserved for the most debilitating disabilities. A mental illness, for example, may make you eligible for a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations which are not typically triggering this level of severity for a heart problem or other medical conditions.

Need Help with the Appeals Process

Despite what some believe that denying an appeal for disability by the VA is not the end of an individual's chance to collect benefits. Former military personnel have a year to appeal the decision if it is not favorable.

A skilled veterans disability attorney can assist a veteran in determining which of the three options for appeal is best for his particular case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an opportunity to have a formal hearing front of an Veterans Law judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim deserves. They also have a wealth of experience in dealing with VA disability claims, and they know the rules and procedure inside out. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates a unique type of empathy, which can enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us today to set up an appointment for a free evaluation.