Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of a claim that has been denied.

Select a veteran disability attorney that is solely dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits if it's proved that your condition is directly related to your military service. This is referred to as connection. You can use a variety of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus note from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed by independent experts.

It is easier to establish a direct connection when illnesses or injuries occurred while you served 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's more difficult to get service connected if you suffer from an existing medical condition that got worse during your time in the military. In order to prove that your time in service worsened or aggravated an existing illness You must present expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing to a Denial

After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. It usually issues a ruling which either approves or denies benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can help the claimant navigate the three review options -- the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences and the tradition of the armed services when selecting a New York veterans disability attorneys' disability lawyer. This can make the process more comfortable and reduce the need for you to describe your experiences and situations in layman's terms.

You want a firm who will be working on your case throughout the multi-year appeals procedure. Beware of firms who only assist you in the initial stages of your case, 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 help you submit additional medical evidence, request an official hearing and represent you at any Board meetings to ensure your case will be dealt with without prejudice. They can also assist in obtaining you benefits like assistance, monetary compensations and education benefits, attendance benefits, or unemployedness.

Getting a Higher Rating

It is possible that your disability gets worse or your symptoms become more severe. In this case it's sensible to seek a higher rating. A veteran disability lawyer can assist you with this process and assist you to collect evidence to prove your claim.

It's not unusual to see the VA to make mistakes that result in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury you have or miss a condition which could be linked to other disabilities to receive higher ratings It's a good idea to have an expert look over your records to look for errors.

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

If you believe you deserve an assessment of 100 percent or higher, you should consider making a claim for supplemental benefits. A disability attorney can help you put together a convincing argument for this kind of rating, which is reserved for extremely severe disabilities. A mental illness, for example, may be a reason to get a 100 percentage disability rating since it can hinder employment or trigger frequent hospitalizations that do not normally trigger this level of a cardiovascular issue or other medical condition.

Help with the Appeals Process

Despite what some people may believe that denying claims for disability by the VA is not the end of a person's chances to receive benefits. In fact, a former soldier has a year from the date the local veterans' hospital or office mails them a denial to file an appeal.

A skilled veterans disability attorney can assist a vet in determining which of the three appeal options is best for his situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can also provide a veteran with a more formal hearing in before an Veterans Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim deserves. They are also likely to have a wealth of experience in handling VA disability claims and understand the rules and procedures both inside and outside. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This can lead to a particular type of empathy which can help 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. Call us today to schedule an appointment for a free evaluation.