Veterans Disability Lawyers

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

Choose a veterans disability attorney who is specialized in dealing with these cases, and who knows the VA system from head to toe. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's proved that your condition is related to your military service. This is known as a nexus. There are many types of evidence you could 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 issues). There are occasions when veterans have medically determined disabilities, but they cannot be considered service-connected due to the absence of or insufficient records. These cases require the assistance of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is supported by unbiased experts.

It is simpler to establish a direct service connection when illnesses or injuries occurred while you served in the military. For example, if you were hit in the head while serving and are now suffering headaches and concussions there is a strong connection between these events and the current condition you are suffering from.

However, it is more difficult to get connected if you have a pre-existing medical condition that got worse while in the military. To prove that your time in the military aggravated or worsened a pre-existing condition, you will need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical evidence. The VA will typically issue a decision approving or denying benefits. If the decision isn't favorable, the veteran is given a year to submit a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options: the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience as well as the culture of the armed services when choosing a New York veterans disability lawsuits' disability lawyer. This can make the process more enjoyable and less demanding for you to describe your experiences and situations in plain language.

You also need a company who will continue to work on your case for the duration of the appeals process over a period of years. Be wary of firms that only help you with the initial stages of your case, and then disappear.

A seasoned New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you in any Board meetings to ensure that your case will be handled fairly. They can also assist you to obtain benefits including monetary compensation, aid and attendance, education benefits or unemployability benefits.

Achieving a Higher Rating

There may come a time that your disability becomes more severe, or your symptoms get more complex or broader. It makes sense in this situation to ask for an increase in the rating. A veterans disability lawyer can help with that procedure, and help you dig up evidence to back your request.

It's not unusual for the VA make mistakes, which can result in an under-rated rating than you deserve. Whether they accidentally miss an injury you've suffered or ignore a condition that could be a combination of other disabilities to earn a higher rating, it's worth having an expert review your records to find any mistakes.

Even the fact that it's been more one year since the initial rating decision, you still can file an additional review or claim. These are a thorough examination of your file and can result in an amendment to your effective date or an entirely new rating that's more accurate to what you feel.

If you believe you deserve a rating of 100 percent, or higher, consider seeking a supplemental claim. A disability lawyer can assist you to develop a compelling argument for this rating which is only available for the most serious disabilities. A mental health problem for instance, might be a reason to get a 100 percent disability rating, as it could affect your job or cause frequent hospitalizations which would not normally trigger this level for a heart problem or other medical conditions.

Help with the Appeals Process

Contrary to what many believe Contrary to what some may believe, a VA denial of disability benefits doesn't mean that an individual has no chance of recovering benefits. Former veterans have one year to appeal the decision if it is not favorable.

An experienced veterans disability attorney can assist a vet in determining which of the three pathways for appeal is best for his particular situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an additional formal hearing before a 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 handling VA disability claims and understand the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This can create a distinct kind of empathy that can improve the outcome of an appeal for veterans' disability.

The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claims for no cost to determine whether we can assist you. Call us today to schedule an evaluation for free.