Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to submitting an appeal of the denial of your claim.

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

Proving Service Connection

The VA will only award disability benefits if it's proven that your condition is linked to your military experience. This is known as a connection. There are many types of evidence you can demonstrate this connection, such as medical records, independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health conditions). There are instances when veterans have medically determinable disabilities, but they cannot be considered service connected due to the absence of or insufficient records. These cases require the assistance of skilled New York disability lawyers who know how to present a complete claim and submit evidence that is supported by independent experts.

It is easier to establish a direct connection if injuries or illnesses occurred while you served in the military. If you suffered injuries during your military service and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

However, it's harder to get connected if you suffer from a pre-existing medical condition that became worse during your time in the military. To show that your time in service caused or aggravated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".

Appealing an Denial

After filing an application and submitting medical evidence after which the VA will review the application. It usually issues a ruling that either approves or denies benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience and the culture of the armed services when choosing the New York veterans' disability lawyer. This will make it easier for you and reduce the requirement to explain your situation and experiences in layman's terms.

You also want a firm that will continue to work on your case throughout the entire multi-year appeals process. Beware of companies that will only assist you with the first stages of your case, and then go away.

A seasoned New York veterans' disability lawyer can assist you in all phases of the claim, including appeals. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is treated fairly. They can also help win you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployability.

Achieving a Higher Rating

There could be a point when your disability gets worse, or your symptoms get broader or more challenging. In that situation it's logical to ask for a higher rating. A veteran disability lawyer can help you in this process and assist you to collect evidence to back your claim.

It's not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. If they overlook an injury you've suffered or overlook a problem that could be a combination of other disabilities to receive a higher rating It's worthwhile to have an expert look over your records to find any errors.

You may still make a higher-level claim, or review if you've been given a rating for more than one calendar year. This could include a thorough review of your entire dossier, which can result in modifications to your effective date as well as a new rating more accurate to what you feel.

If you believe you deserve a rating of 100 percent or higher, consider applying for a supplemental claim. A disability attorney can assist you in putting together a compelling argument for this type of rating, which is reserved only for severe disabilities. A mental health issue such as depression, for instance, could be a reason to get a 100 percentage disability rating since it can interfere with employment or result in frequent hospitalizations that would not normally trigger this level of severity for a heart problem or other medical conditions.

Getting help with the Appeals Process

Contrary to what some may believe contrary to what many may think, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. In fact, a former soldier has one year from the date that their local veterans hospital or office mails them a denial to appeal.

A skilled veterans disability attorney can assist a veteran in determining which of the three options for appeal would be the most appropriate for his particular case. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can give a veteran an extra formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a lot of experience in handling VA disability claims, and they are aware of the rules and procedure in detail. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans disability lawsuit have to face. This can lead to a particular type of empathy which can sometimes improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Call us today to schedule your free assessment.