Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From assembling medical and service evidence to filing an appeal of an appeal denied.

Select a veteran disability lawyer that specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if you can prove that the condition you are suffering from is linked to your military service. This is called a nexus. You can use a variety of evidence to prove the connection. These include medical documents, independent health examinations (IME) or a an nexus note from current health care providers (especially in the case of mental health conditions). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by unbiased experts.

It is easier to establish a direct connection when injuries or illnesses were sustained while serving in the military. If you were injured in the military and you now suffer from headaches or concussions, it's easier to prove a direct service connection.

However, it is more difficult to be connected if you suffer from an existing medical condition that became worse while in the military. To prove that your service time caused or aggravated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denial

After filing an application and submitting medical evidence The VA will review the application. The VA typically issues the decision of approving or disapproving benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three possible review options that include an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they understand your military background and military's culture. This can make things easier for you to understand and reduce the necessity to explain your circumstances and experiences in layman's language.

You'll want a firm that will work on your case throughout the lengthy appeals process. Beware of firms that only help you with the initial stages of your case, only to then vanish.

A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence or 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 win you benefits, such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployability.

Getting a Higher Rating

It could be that your disability becomes worse or your symptoms get more severe. In that situation, it makes sense to ask for a higher rating. A veteran disability lawyer can assist you in this process and help gather evidence to support your claim.

It's not unusual for the VA make mistakes, Veterans Disability Lawyers which can result in a lower rating than you deserve. If they miss an injury you've suffered or overlook a problem which could be linked to other disabilities to earn a higher rating it's important to have an expert review your records to look for errors.

Even if it's been more than one year since you made your initial rating decision, you can file an additional review or claim. This could include a thorough review of your entire file, which can result in modifications to your effective date and an updated rating that is more true to the feelings you have.

If you think you're worthy of an assessment of 100 percent or higher, consider seeking a supplemental claim. A disability attorney can help you put together an argument that supports this type of rating, that is reserved for those with difficult to treat disabilities. A mental illness, for example, may make you eligible for a 100 percentage disability rating since it can interfere with employment or cause frequent hospitalizations which do not normally trigger this level of a cardiovascular issue or other medical condition.

Help with the Appeals Process

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

A skilled veterans disability lawyer can help a veteran decide which of the three pathways for appealing would be best for their case. They can also help with gathering the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an additional formal hearing before an veterans disability lawsuits Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They are also likely to have a vast experience dealing with VA disability claims, and they know the rules and procedures both inside and outside. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique kind of empathy, which can enhance the outcome of a veterans disability case.

The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claim for free to determine if we are able to assist you. Contact us today to arrange an appointment for a free evaluation.