Veterans Disability Lawyers

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

Choose a veterans disability attorney that is solely handling these cases and 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 grant disability benefits when it can be proven that your condition is directly related to your military service. This is known as a nexus. There are various types of evidence you could use to show this connection, such as medical records or independent medical exams (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by impartial experts.

It is much easier to establish an immediate connection with your service to injuries or illnesses which occurred while in the military. For instance, if received a head injury during your time in service and you are suffering headaches and concussions there is a strong connection between these events and your current condition.

It is a lot more difficult to become service-connected if there was an existing medical condition that was worsened while you were in military service. To prove that your service time aggravated or worsened a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denial

After submitting an application and submitting medical evidence after which the VA will examine the case. The VA will typically issue an approval or denial of benefits. If the decision is deemed unfavorable, the veteran has one year to make a notice of disagreement. A veterans disability attorney can guide the claimant through the three decision review options: the supplemental claim, or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When selecting the right New York veterans disability lawyer Take into consideration whether they can understand your military experience and the traditions of the armed forces. This can make the process more enjoyable and less requiring you to explain your experience and circumstances in plain English.

You also want a firm that will continue to work on your case throughout the entire appeals process of several years. Be wary of companies that assist you with the initial stages of your claim, and then disappear.

An experienced New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist in obtaining you benefits like financial compensations, aid and attendance benefits, education benefits, or unemployedness.

Receiving a Better Rating

It may happen that your disability gets worse or your symptoms become more severe. In that case it's sensible to ask for an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to prove your claim.

It's not common for the VA to make mistakes that lead to a lower disability rating than you deserve. If they miss an injury you've suffered or ignore a condition that could be a combination of other disabilities to receive an increase in rating, it's worth having an expert review your records to find any errors.

You are still able to file a higher-level claim or review if you've been rated for more than a calendar year. This could include a thorough review of your entire dossier, which could result in changes to the effective date of your claim and the creation of a new rating that is more precise to the feelings you have.

If you think you're worthy of a rating of 100 percent or higher, consider making a claim for supplemental benefits. A disability lawyer can help build a strong case for this rating, which is reserved only for the most severe of disabilities. For example mental health issues could be a reason to get 100% disability ratings because it can cause a significant interruption to work or periods of hospitalization that don't normally trigger this type of a rating for a cardiovascular condition or other medical problem.

Getting Help with the Appeals Process

Contrary to what many people believe that denial of a disability claim by the VA is not the end of a person's chances to collect benefits. In fact, a former military member has one year from the date that their local veterans hospital or office mails them an unfavorable determination to appeal.

An experienced veterans disability attorney can help a vet determine which of the current three appeals options is the best option for his particular case. They can also help with gathering the evidence required to convince a higher-level reviewer that the previous decision was not right. They can also provide a veteran with an extra formal hearing before a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They are also likely to have years of experience dealing with VA disability claims and are aware of the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This can lead to a particular type of empathy which could help in the resolution of an issue involving veterans' disability.

The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claim for free to determine if we can assist you. Call us today to schedule an evaluation for free.