Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From gathering evidence of medical and other service to filing an appeal of an appeal denied.

Choose a veteran disability lawyer who specializes in these types of cases and [empty] is familiar 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's established that your condition is linked to your military experience. This is called a nexus. There are a variety of evidence that you could prove this connection, such as medical records as well as independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are instances when veterans disability attorney have medically determinable disabilities, but they are not able to be service connected because of incomplete or omitted records. These cases require the assistance of experienced New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by independent experts.

It is much easier to prove a direct service connection when illnesses or injuries occurred during your time in the military. For instance, if you suffered head injuries during service and now suffer headaches and concussions, there is a direct link between those events and the current condition you are suffering from.

However, it is harder to get connected if you suffer from a pre-existing medical condition that worsened 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" proof.

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical evidence. The VA usually issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disparagement. A lawyer for veterans' disability can help the claimant navigate the three decision review options including an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and culture of the armed forces. This can make the process more relaxed and less requiring you to describe your experiences and circumstances in plain English.

You want a company that will be working on your case throughout the long appeals process. Beware of firms who only help you with the initial phases of your claim and then disappear.

An experienced New York veterans' disability lawyer can assist you in every stage of your claim and appeals. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist you to get your benefits, like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

How can you get a better rating

It could be that your disability gets worse or your symptoms get more severe. It is logical in this scenario to ask for an increase in your rating. A lawyer for veterans can assist with this process, and can help you find evidence to prove your claim.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled to. It's worth contacting an expert to review your records for mistakes. They may have overlooked an injury or missed the issue that could be added to another disability to get an improved rating.

You can still file a higher-level claim or review if you've been given a rating for more than one calendar year. This involves a thorough review of your dossier and may result in an amendment to your effective date or an updated rating that is more accurate to what you truly feel.

It's also advisable to file an additional claim or higher-level review if you believe you are entitled to a disability rating of 100 percent or greater. An attorney for disability can help you create an argument that is convincing for this type of rating which is reserved only for severe disabilities. A mental illness such as depression, for instance, could be a reason to get a 100 percentage disability rating since it can hinder employment or cause frequent hospitalizations that are not typically triggering this level for a cardiovascular problem or other medical conditions.

Assistance with the Appeals Process

Contrary to what many people believe the denial of an application for disability benefits by the VA is not the end of an individual's ability to receive benefits. In fact, a former military member has a year from the date the local veterans disability lawyers' hospital or office sends them an unfavorable determination to appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current ways to appeal is most appropriate for their particular situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim deserves. They are also likely to have a wealth of experience in dealing with VA disability claims and understand the rules and procedures inside and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This can lead to a particular kind of empathy that can help improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims free of charge to determine whether we can help you. Contact us today for your free assessment.