Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim, a veteran disability lawyer can assist you through the entire claims process.

Select a veteran disability lawyer who is specialized in these types of cases and is familiar with the VA system. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it is established that your condition is directly related to your military service. This is called a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health assessments (IME) or a an nexus note from current health care providers (especially in the case of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is backed by experts who are impartial.

It is much easier to prove an immediate connection with your service to illnesses or injuries which occurred while in the military. If you were injured in the military and you now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

However, it's more difficult to get connected if you have a pre-existing medical condition that grew worse while in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence that is "clear and undeniable".

Appealing a Denied Application

After submitting an application and submitting medical evidence after which the VA will review the application. The VA will usually issue an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran has one year to submit a Notice of Disagreement. A disability attorney for veterans can assist the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal to the Board of veterans disability attorneys' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the tradition of the armed services when choosing the New York veterans' disability lawyer. This will make the process more comfortable and eliminate the need for you to talk about your experiences and situations in layman's terms.

You also need a company that will continue to work on your case throughout the entire multi-year appeals process. Beware of firms that assist you with the initial stages of your claim and then vanish.

A seasoned New York veterans' disability attorney can assist you at every stage of your claim including appeals. 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 treated fairly. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, educational benefits or unemployed benefits.

How do I obtain a higher rating

There might come a time when your disability gets worse, or your symptoms get more difficult or Veterans Disability Law Firms wider. It is logical in this scenario to ask for an increase in the rating. A veteran disability lawyer can help you with this process and assist you to gather evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to examine your records for any errors. They may have overlooked an injury or omitted a problem which could be in conjunction with another condition to get an improved rating.

You may still submit a higher-level claim or review if you've been rated for more than a calendar year. These are a thorough examination of your file. It could result in a change to your effective date or a new rating that's more accurate to what you feel.

If you believe you deserve a rating of 100 percent or higher, it's worth applying for a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most serious disabilities. For example mental health issues could qualify you for a 100% disability rating because it could cause significant disruption to your work or frequent periods of hospitalization. These don't normally trigger such an assessment for a cardiovascular disease or other medical issue.

Need Help with the Appeals Process

Contrary to what some may believe the fact that contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former military member has a year from the date the local veterans' hospital or office mails them an unfavorable determination to appeal.

A skilled veteran disability lawyer can assist a veteran in determining which of the three current pathways for appealing would be the best option for their situation. They can also assist veterans disability law firms gather the evidence needed to convince a higher level reviewer that their previous decision was not right. They can give a veteran an additional formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have extensive experience handling VA disability claims, and they understand the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This creates a unique type of empathy, which can enhance the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us today to set up your free evaluation.