Veterans Disability Lawyers

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

Choose a lawyer for veterans who focuses their practice on dealing with these cases and who is familiar with 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 offer disability benefits if it is proved that your condition is related to your military service. This is referred to as a nexus. You can use different types of evidence to prove this connection. These include medical records, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the case of mental health problems). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered service connected due to the absence of or insufficient documents. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and submit evidence that is backed by independent experts.

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

However, it is more difficult to be connected if you suffer from an existing medical condition that got worse during your time in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you'll need to present medical evidence from an expert that is "clear and undisputed".

Appealing to a Denial

After filing an application and providing medical evidence after which the VA will examine the case. It typically issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to submit a notice of disagreement. A lawyer for veterans' disability can assist the claimant through the three decision review options -- an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they understand your military experience and army's culture. This can make it simpler for you and decrease the requirement to explain your situation and experiences in a layman's way.

You should also find a firm who will continue to work on your case for the duration of the appeals process over a period of years. Beware of firms that only help you with the initial stages of your case, only to then go away.

An experienced New York veterans' disability attorney can help you with all stages of the claim and appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also assist you in obtaining you benefits like cash compensations, aid or attendance benefits, educational benefits, or unemployment.

How can you get a better rating

It could be that your disability gets more severe or your symptoms become more severe. In that case it's sensible to request an increase in your rating. A veteran disability lawyer can assist you with this process and help you collect evidence to back your claim.

It's not uncommon for the VA to make mistakes that result in an lower disability rating than you deserve. It's a good idea to hire an expert to look over your records for errors. They could have missed an injury or left out a problem which could be added to another disability to earn an increase in rating.

Even even if it's been more than one year since the initial rating decision, you still have the option of filing an additional review or claim. These can include a review of your entire file which can result in changes to your effective date and an updated rating that is more true to your personal feelings.

If you think you're worthy of a rating of 100 percent or higher, you should consider applying for a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating which is only available for the most serious disabilities. For instance mental health issues might qualify you for an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization. These don't typically trigger this kind of rating for cardiovascular disease or other medical issue.

Need Help with the Appeals Process

Despite what some believe the denial of an appeal for disability by the VA isn't the end of an individual's chances to recover benefits. In fact, a former soldier is given one year from the date that their local veterans disability attorney hospital or office mails them a decision that is not favorable to file an appeal.

A skilled veteran disability lawyer can help a veteran determine which of the three pathways for appealing would be most suitable for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim deserves. They also have extensive experience in dealing with VA disability claims, and they know the rules and procedure inside out. Additionally, some lawyers are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a unique kind of empathy that can enhance the outcome of a veterans disability case.

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