Veterans Disability Lawyers

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

Choose a veterans disability law firm disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits only if you prove that the condition you suffer from is connected to your military service. This is called a nexus. There are a variety of evidence that you could use to show this connection, including medical records and independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans disability law firm have medically determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is confirmed by experts who are independent.

It is simpler to prove a direct connection when illnesses or injuries occurred during your time in the military. If you have been injured during your military service and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

It is difficult to be connected to a service if you have a pre-existing condition that worsened during your military service. To show that your time in service caused or aggravated a pre-existing condition, you will need to present medical evidence that is "clear and irrefutable".

Appealing a Denial

After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA typically issues a decision approving or veterans disability denying benefits. If the decision is not favorable, the veteran is given one year to make a formal complaint. A veterans disability lawyer can assist the claimant through the three decision review options which include an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experiences and the culture of the armed forces. This will make the process more enjoyable and less requiring you to explain your experiences and situations in plain language.

You should also find a firm who will remain on your case for the duration of the appeals process over a period of years. Be wary about firms that help you with the initial stages of your case, only to then go away.

An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit more medical evidence, request an official hearing and assist you in any Board meetings to ensure your case will be dealt with without prejudice. They can also assist you in obtaining you benefits, such as cash compensations, aid or education benefits, attendance benefits, or unemployedness.

How can you get a better rating

It may happen that your disability becomes worse or your symptoms are more severe. It is logical in this case to request an increase in rating. A veterans disability lawyer can assist in that procedure, and assist you in locating evidence to support your request.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled. If they miss an injury you have or miss a condition that could be combined with other disabilities in order to get higher ratings it's important to have an expert look over your records to look for errors.

You are still able to submit a higher-level claim or Veterans Disability review if you've been rated for more than a calendar year. These include a review of your entire file, which could result in modifications to your effective date as well as a new rating that is more corresponding to your feelings.

It's also worth pursuing an additional claim or a higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help create a compelling case for this rating that is reserved for the most debilitating disabilities. A mental health issue for instance, might qualify you for a 100 percentage disability rating since it can hinder employment or cause frequent hospitalizations which are not typically triggering this level of severity for a heart problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what some may believe that denying an appeal for disability by the VA isn't the end of an individual's ability to get benefits. In fact, a former soldier has one year from the date that the local veteran's hospital or office sends them a negative decision to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most appropriate for their particular situation. They can also assist veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not right. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim deserves. They are also likely to have extensive experience handling VA disability claims and understand the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a unique kind of empathy, which can improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Contact us now to schedule an evaluation for free.