Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service proof to submitting an appeal of an appeal denied.

Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition you have is linked to your military service. This is referred to as a nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the case of mental health problems). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim and provide evidence that is backed by independent experts.

It is easier to prove a direct service connection when injuries or illnesses occurred during your time in the military. If you've been injured while in the military and you now suffer from headaches and concussions, it is easier to prove a direct service connection.

It is more difficult to be connected to a service if you have an existing medical condition that was worsened during your military service. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide expert medical evidence that is "clear and undeniable".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical proof. It usually issues a decision that either approves or denies benefits. If the decision is unfavorable the veteran has one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant through the three possible review options -- an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Make sure you consider whether they understand your military experience and army's culture. This will make the process more comfortable and less requiring you to explain your experiences and the circumstances in layman's terms.

You also need a company that will work on your case throughout the entire duration of your appeal. Beware of companies that will only assist you in the initial stages of your case, and then vanish.

A seasoned New York veterans' disability attorney can help you with all phases of the claim and 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 dealt with fairly. They can also help you win your benefits, like monetary compensation aid and attendance, educational benefits or unemployed benefits.

Earning a higher rating

There might come a time when your disability gets worse, or your symptoms get broader or more challenging. It makes sense in this instance to seek an increase in the rating. A veterans disability lawyer can help with that procedure, and help you find evidence to support your request.

It's not common for the VA to make mistakes that result in a lower disability rating than you're entitled to. It's a good idea to hire an expert to look over your records for mistakes. They may have missed an injury or missed any issue that could have been in conjunction with another condition to get an increase in rating.

Even when it's been over one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These include a review of your entire dossier, that could lead to changes to the effective date of your claim and the creation of a new rating that is more precise to what you feel.

If you believe you deserve a rating of 100 percent, or higher, you should consider seeking a supplemental claim. A disability lawyer can help you make a convincing case for this rating, which is reserved only for the most debilitating disabilities. A mental health condition for instance, might allow you to receive a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations that are not typically triggering this level for a heart issue or other medical condition.

Getting help with the Appeals Process

Despite what some people may think that denying an application for disability benefits by the VA is not the end of a person's chances to get benefits. Former veterans have one year to appeal a decision that is not favorable.

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 veterans gather the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They can even provide a veteran with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention your claim requires. They are also likely to have years of experience dealing with VA disability claims, and they know the rules and procedures both inside and outside. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique type of empathy that can improve the outcomes of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us today to set up an evaluation for free.