Veterans Disability Lawyers

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

Choose a veteran disability attorney who is specialized in these types of cases and is familiar with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits when it can be confirmed that your illness is connected to your military service. This is referred to as connection. There are various types of evidence you can prove this connection, such as medical records or independent medical exams (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by experts who are impartial.

It is much easier to prove the direct connection between your service and injuries or illnesses that occurred while in the military. If you have been injured in the military and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.

It is a lot more difficult to become connected to a service if you have an existing condition that got worse while you were in military service. To prove that your service caused or aggravated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".

Appealing a denied application

After submitting an application and submitting medical evidence, the VA will examine the case. It usually issues a decision 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 lawyer can assist the claimant in navigating the three decision review options including a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experiences and the army's culture. This will make the process more comfortable and eliminate the need for you to describe your experiences and situations in plain language.

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

A seasoned New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit more medical evidence, request an official hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you win you benefits like monetary compensations, aid and education benefits, attendance benefits, or unemployability.

Earning a higher rating

There may be a point where your disability gets more severe or your symptoms become more difficult or wider. It makes sense in this scenario to ask for an increase in your rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to support your claim.

It's not uncommon to see the VA make mistakes, resulting in a lower rating than you deserve. Whether they accidentally miss an injury you have or miss a condition that could be a combination of other disabilities in order to get an increase in rating It's a good idea to have an expert look over your records to look for errors.

Even when it's been over a year since your initial rating decision, you can file an additional review or claim. This could include a thorough review of your entire file, which can result in modifications to the effective date of your claim and the creation of a new rating that is more precise to what you feel.

It's also worth seeking an additional claim or higher-level review if you're entitled to a disability grade of 100 percent or more. A disability lawyer can help you develop a compelling argument for this rating which is only available for the most severe of disabilities. A mental health problem for instance, might qualify you for a 100 percentage disability rating since it can interfere with employment or trigger frequent hospitalizations that would not normally trigger this level for a heart problem or other medical issues.

Getting help with the Appeals Process

Despite what some think that denying a disability claim by the VA isn't the end of an individual's chance to receive benefits. In fact, a former military member has one year from the date their local veterans hospital or office mails them an unfavorable determination to appeal.

A skilled veterans disability lawyer can assist a veteran in determining which of the three pathways for appealing would be most appropriate for their particular situation. They can also assist a vet get all the evidence required 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.

The benefit of having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim needs. They are also likely to have a vast experience handling VA disability claims, and they know the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they understand the challenges that disabled veterans have to face. This can create a special type of empathy which can sometimes improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can help you. Call us today to schedule your complimentary evaluation.