Veterans Disability Lawyers

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

Select a veteran disability lawyer who specializes in these cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if they can prove that the condition you are suffering from is connected to your military service. This is called a nexus. You can use a variety of evidence to prove this connection. This includes medical records, independent health exams (IME) or a an nexus note from current health care providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed up by independent experts.

It is simpler to prove that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you have been injured during your military service and now suffer from headaches or concussions, it's easier to prove a direct service connection.

However, it is more difficult to be connected if you suffer from a pre-existing medical condition that got worse during your time in the military. In order to prove that your time in service has aggravated or worsened an existing illness you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a Denied Application

The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to make a formal complaint. A veteran's disability attorney can guide the claimant through the three review options: either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This will make the process more relaxed and eliminate the need for you to explain your experiences and situations in plain language.

You want a firm who will work on your case throughout the lengthy appeals procedure. Beware of firms who only assist you with the initial stages of your claim 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 more medical evidence, request an official hearing and represent you in any Board sessions to ensure that your case will be dealt with fairly. They can also assist you to claim benefits such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.

Achieving a Higher Rating

It is possible that your disability gets worse or your symptoms are more severe. It is logical in this situation to ask for an increase in rating. A veteran disability lawyer can assist you in this process and help collect evidence to support your claim.

It's not uncommon to see the VA make mistakes, resulting in receiving a lower score than you deserve. It's worth getting an expert to examine your records for any errors. They may have overlooked an injury or left out a problem which could be combined with another disability to receive an increase in rating.

Even the fact that it's been more a year since your initial rating decision, you still have the option of filing an additional review or claim. This could include a thorough review of your entire file which could result in changes to your effective date as well as an updated rating that is more true to what you feel.

It's also worth looking into an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help you make a convincing case for this rating that is reserved for the most severe of disabilities. A mental health issue, for example, may be a reason to get a 100 percent disability rating because it could affect your job or cause frequent hospitalizations which would not normally trigger this level for a cardiovascular problem or any other medical condition.

Getting Help with the Appeals Process

Contrary to what many people believe the denial of claims for disability by the VA is not the end of an individual's chance to recover benefits. In fact, a former veteran can wait one year from date the local veterans' hospital or office mails them a decision that is not favorable to appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three ways to appeal is the best option for their situation. They can also assist with gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They can give a veteran an additional formal hearing before a Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention that your claim needs. They are also likely to have years of experience dealing with VA disability claims and know the rules and procedures both inside and outside. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans disability lawsuit. This can create a distinct type of empathy which could help in the resolution of an appeal for veterans' disability.

Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims free of charge to determine if we can help you. Contact us today to arrange your free assessment.