Veterans Disability Lawyers

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

Select a veteran disability attorney that is experienced in these types of cases and is familiar 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 prove that the condition you have is connected to your military service. This is called a relationship. There are a variety of evidence that you could prove this connection, including medical records or independent medical exams (IME) and letters from current healthcare providers or therapists (especially for mental health issues). There are instances where veterans are diagnosed with medical disabilities, but cannot be considered service-connected due to the absence of or insufficient documents. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and provide evidence backed by impartial experts.

It is much easier to prove a direct connection when injuries or illnesses were sustained while serving in the military. For instance, if were hit in the head during your time in service and you are suffering headaches and concussions, there is a strong connection between those events and the current condition you are suffering from.

It is harder to get connected to a service if you have an existing condition that got worse during your military service. To prove that your military service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that is at the level of "clear and undeniable" proof.

Appealing a denied application

The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA will usually issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran has one year to make a formal complaint. A veterans disability lawyer can help the claimant navigate the three decision review options including an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Take into consideration whether they are familiar with your military experience and the culture of the armed forces. This will make it easier for you and decrease the requirement to explain your situation and experiences in a layman's way.

You want a company that will take on your case throughout the lengthy appeals procedure. Be wary about firms that assist you in the initial stages of your case, only to then go away.

A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist you to claim benefits like monetary compensation aid and attendance, educational benefits, or unemployment benefits.

Earning a higher rating

It is possible that your disability gets worse or your symptoms become more severe. In this case it's logical to seek a higher rating. A veterans disability lawyer can assist with this process, and help you dig up evidence to justify your request.

It's not common for the VA to make mistakes that lead to a lower disability rating than you deserve. It's worth getting an expert to examine your records for any errors. They might have missed an injury or missed an issue that could be combined with another condition to get an increase in rating.

Even when it's been over one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These require a complete review of your file, and could result in the change of your effective date or an entirely new rating that's more in line with how you feel.

It's also worth pursuing an additional claim or higher-level review if you're entitled to a disability rate of 100 percent or greater. An attorney for disability can help you develop an argument that supports this kind of rating, which is reserved for veterans Disability Lawyer extremely debilitating disabilities. A mental health problem like this one, for instance, may allow you to receive a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations that are not typically triggering this level for a heart problem or other medical conditions.

Getting help with the Appeals Process

Despite what some people may think the denial of a disability claim 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 that the local veteran's hospital or office mails them a denial to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three pathways for appealing would be best for their case. They can also assist with gathering the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim deserves. They also have a lot of experience in managing VA disability claims, and are familiar with the rules and procedures completely. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans. This creates a unique kind of empathy that can improve the outcomes of a veterans disability case.

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