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 who focuses their practice on dealing with these cases and who is familiar with the VA's system from top to bottom. 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 is a result of your military service. This is referred to as a linkage. You can use different types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the case of mental health problems). There are instances where veterans are diagnosed with medical disabilities, but they cannot be considered to be service-connected due missing or incomplete documents. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.

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

However, it's harder to get connected if you suffer from a pre-existing medical condition that worsened while you were in the military. In order to prove that your time in service has aggravated or worsened a pre-existing illness, you must supply expert medical evidence that is at the level of "clear and irrefutable" proof.

Appealing to a Denial

After submitting an application and providing medical evidence after which the VA will examine the case. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a complaint. A veterans disability attorney can help the claimant navigate through the three decision review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experiences and the traditions of the armed forces. This can make things easier for you and reduce the necessity to explain your circumstances and experiences in layman's.

You should also choose a firm who will continue to work on your case throughout the entire multi-year appeals process. Beware of firms that only help you with the initial stages of your claim, and then disappear.

A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, education benefits or unemployment benefits.

How to get a higher rating

It could be that your disability gets worse or your symptoms get more severe. In this case it is sensible to request an increase in your rating. A lawyer for veterans' disability can assist in that process, and firms they can assist you in locating evidence to justify your request.

It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you deserve. In the event that they fail to notice an injury or miss a condition that could be a combination of other disabilities to get an increase in rating It's a good idea to have a professional look over your records to look for errors.

Even even if it's been more than one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These can include a review of your entire file that could lead to modifications to your effective date as well as a new rating more accurate to the feelings you have.

It's also advisable to file a supplemental claim or higher-level review if you believe you are entitled to a disability rating of 100 percent or greater. A disability lawyer can help you develop an argument that is convincing for this type of rating, that is reserved for those with difficult to treat disabilities. For instance mental health issues could qualify you for an 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that don't normally trigger such an assessment for a cardiovascular condition or other medical problem.

Assistance with the Appeals Process

Contrary to what some may believe contrary to what many may think, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. In fact, a former soldier can wait one year from date their local veterans hospital or office sends them a negative decision to appeal.

An experienced veterans disability attorney can assist a veteran in determining which of the current three appeals options would be the most appropriate for his particular situation. They can also help with gathering the evidence required to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim deserves. They also have a wealth of experience in dealing with VA disability claims, and they are aware of the rules and procedures inside out. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans. This creates a unique kind of empathy that can make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to schedule your free evaluation.