Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA system from head to toe. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's confirmed that your illness is connected to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and submit evidence that is backed up by experts who are impartial.

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

However, it's more difficult to be connected if you suffer from a pre-existing medical condition that worsened while in the military. In order to prove that your service has aggravated or worsened a pre-existing illness it is necessary to provide expert medical evidence that is at the level of "clear and undeniable" evidence.

Appealing a denied application

After submitting an application and providing medical evidence, the VA will examine the case. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given a year to make a formal complaint. A veterans disability lawyer can assist the applicant navigate the three options for review including the supplemental claim, the higher-level review, or a direct appeal to the Board of veterans disability lawsuit' Appeals.

When selecting a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and traditions of the armed forces. This can make things easier for you to understand and reduce the need to explain your situations and experiences in layman's terms.

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

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 additional medical evidence, request an official hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you get your benefits, including monetary compensation, aid and attendance, educational benefits or unemployed benefits.

How can you get a better rating

There could be a point when your disability becomes more serious or your symptoms become more complex or broader. In such a case it's sensible to ask for a higher rating. A veterans disability lawyer can assist with this process, and help you dig up evidence to support your request.

It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. It's worth getting an expert to review your records for errors. They may have missed an injury or omitted any issue that could have been added to another condition to get an even higher rating.

Even the fact that it's been more a year since your initial rating decision, you still can file an additional review or claim. These are a thorough examination of your file, and could result in the change of your effective date or an entirely new rating that's more accurate to what you feel.

If you think you're worthy of a rating of 100 percent, or higher, it's worth requesting a supplemental claim. A disability lawyer can help you make a convincing case for this rating which is reserved for the most severe of disabilities. A mental illness for instance, might qualify you for a 100 percent disability rating, as it could hinder your employment or trigger frequent hospitalizations that are not typically triggering this level of severity for a heart problem or other medical conditions.

Assistance with the Appeals Process

Contrary what some believe contrary to what many may think, an VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former military member has a year from the date their local veterans hospital or office sends them a denial to file an appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three current ways to appeal is most suitable for veterans their case. They can also assist veterans put the evidence they need to convince a higher level reviewer that their previous decision was not correct. They can even assist veterans with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They are also likely to have a wealth of experience in dealing with VA disability claims and know the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a distinct type of empathy, which can enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Contact us now to schedule an evaluation for free.