Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to submitting an appeal of a claim that has been denied.

Choose a veterans disability attorney who focuses their practice on handling these cases and knows the VA's system inside and out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition you suffer from is related to your military service. This is referred to as linkage. You can use a variety of evidence to prove the connection. These include medical records, independent health exams (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances when veterans have medically determined disabilities, but are unable to be service connected because of incomplete or omitted records. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence that is backed up by independent experts.

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

However, it's more difficult to get connected if you have an existing medical condition that grew worse when you were in the military. To prove that your military service worsened or aggravated an existing illness you must provide a doctor's medical evidence that reaches the level of "clear and undeniable" proof.

Appealing a Denied Application

The VA will review your case after you have submitted your application and submitted medical evidence. It usually makes a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to make a formal complaint. A veterans disability lawyer can assist the applicant navigate the three options for review -- an additional claim, a higher-level review, veterans disability or direct appeal to the Board of veterans disability lawsuits' Appeals.

When choosing when choosing a New York veterans disability lawyer Take into consideration whether they are familiar with your military experiences and the army's culture. This will help you feel more comfortable and less demanding for you to describe your experiences and circumstances in plain English.

You'll want a firm that will handle your case throughout the multi-year appeals procedure. Beware of firms that only help you with the initial stages of your claim, and then go away.

A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing, and represent you in any Board meetings so that your case will be handled in a fair manner. They can also assist you to claim benefits like monetary compensation, aid and attendance, educational benefits or unemployed benefits.

Getting a Higher Rating

There could be a point where your disability gets more severe or your symptoms become broader or more challenging. In that situation it's sensible to ask for a higher rating. A veterans disability lawyer can assist in that process, and can help you dig up evidence to prove your claim.

It's not uncommon for the VA make mistakes, resulting in a lower rating than you deserve. Whether they accidentally miss an injury you've suffered or overlook a problem which could be linked to other disabilities to receive a higher rating, it's worth having an expert review your records to look for mistakes.

Even when it's been over a year since your initial rating decision, you still can file an additional review or claim. These can include a review of your entire record, which may result in changes to the effective date of your claim and a new rating that is more corresponding to the feelings you have.

If you believe you're entitled to a rating of 100 percent, or higher, you should consider seeking a supplemental claim. A disability attorney can help you develop a compelling argument for this type of rating which is reserved for extremely serious disabilities. For instance mental health issues could be a reason to get an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that don't normally trigger this type of the rating for a heart disease or other medical issue.

Assistance with the Appeals Process

Contrary to what some may think that denial of an application for disability benefits by the VA isn't the end of an individual's chance to recover benefits. Former service members have a year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be the best option for their situation. They can also help an individual vet put all the evidence required to convince a higher level reviewer that their previous decision was not correct. They can also provide a veteran with an extra formal hearing front of an veterans disability lawsuits Law judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim demands. They also have a wealth of experience dealing with VA disability claims, and they understand the rules and procedure completely. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique type of empathy that may help improve the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Call us today to set up your free evaluation.