Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal of a denied claim.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition you suffer from is connected to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence backed by impartial experts.

It is simpler to prove a direct connection when illnesses or injuries occurred during your time in the military. For example, if you received a head injury while serving and are now suffering from concussions and headaches, there is a clear link between these events and your current condition.

It is a lot more difficult to become service-connected if you had a pre-existing condition that worsened during your military service. To show that your time in service aggravated or worsened a pre-existing medical condition, you'll need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denial

After filing an application and submitting medical evidence The VA will examine the case. It typically issues a decision that either approves or denies benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disparagement. A veterans disability attorney can assist the claimant through the three review options: an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience and the culture of the armed services when selecting the New York veterans' disability lawyer. This will make it easier for you and lessen the need to describe your experiences and experiences in layman's terms.

You should also find a firm who will remain on your case throughout the entire multi-year appeals process. Beware of firms that only help you with the initial stages of your claim and then go away.

An experienced New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist in obtaining you benefits, such as cash compensations, aid or attendance benefits, education benefits, or unemployedness.

Receiving a Better Rating

It is possible that your disability becomes worse or your symptoms get more severe. In this case it's sensible to request an increase in your rating. A veteran disability lawyer can help you in this process and help gather evidence to support your claim.

It's not unusual for the VA make mistakes, which can result in an under-rated rating than you deserve. If they overlook an injury you have or overlook a problem which could be linked to other disabilities to get higher ratings, it's worth having an expert look over your records to spot any mistakes.

You may still submit a higher-level claim or review if you have been assessed for more than a calendar year. This includes a review of your entire file which could result in modifications to your effective date, as well as a new rating that is more corresponding to your personal feelings.

It's also advisable to file an additional claim or a higher-level review if you believe you are entitled to a disability rating of 100 percent or greater. A disability attorney can help you develop an argument that supports this type of rating which is reserved for extremely debilitating disabilities. A mental health issue like this one, for instance, may allow you to receive a 100 percent disability rating because it can interfere with employment or trigger frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or any other medical condition.

Helping with the Appeals Process

Contrary to what some may think that denial of an appeal for disability by the VA isn't the end of an individual's ability to get benefits. Former service members have one year to appeal the decision if it is not favorable.

An experienced veterans disability attorney can assist a veteran in determining which of the three pathways for appeal would be the most appropriate for his situation. They can also help with gathering the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can even provide veterans with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have a lot of experience in dealing with VA disability claims, and they understand the rules and procedure completely. Some attorneys are veterans, and therefore know the challenges that disabled veterans face. This can result in a unique type of empathy which could help in the resolution of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us today to schedule an appointment for a free evaluation.