Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.

Select a veteran disability attorney who limits their practice to dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it is proven that your condition is related to your military service. This is referred to as relationship. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the case of mental health problems). Sometimes, veterans have medically determined disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the assistance of skilled 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 connection when injuries or illnesses occurred during your time in the military. For example, if you suffered head injuries during service and now suffer headaches and concussions, there is a clear link between the two events and your current condition.

However, it's more difficult to get service connected if you have a pre-existing medical condition that became worse during your time in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical evidence. It usually makes a decision which either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the applicant navigate the three decision review options including a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experiences and the culture of the armed forces. This can make it easier for you and lessen the necessity to explain your circumstances and experiences in layman's language.

You should also choose a firm that will continue to work on your case for the entire appeals process of several years. Be wary of firms that assist you in the first phases of your case and then vanish.

A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting more medical evidence, file an official hearing and represent you at any Board meetings to ensure your case will be dealt with in a fair manner. They can also help you win you benefits, such as assistance, monetary compensations and attendance benefits, education benefits, or unemployedness.

Achieving a Higher Rating

It is possible that your disability becomes worse or your symptoms are more severe. In such a case, it makes sense to seek a higher rating. A veterans disability lawsuits disability lawyer can assist you in this process, and help you dig up evidence to support your request.

It's not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. In the event that they fail to notice an injury you've suffered or ignore a condition that could be a combination of other disabilities in order to get higher ratings It's worthwhile to have a professional look over your records to spot any mistakes.

Even if it's been more than one year since you made your initial rating decision, you still have the option of filing an additional review or claim. These can include a review of your entire file, that could lead to modifications to your effective date and a new rating that is more corresponding to the feelings you have.

If you think you're worthy of an assessment of 100 percent or higher, you should consider making a claim for supplemental benefits. A disability lawyer can assist you to create a compelling case for this rating, which is reserved only for the most serious disabilities. A mental health issue such as depression, for instance, could allow you to receive a 100% rating of disability because it could hinder your employment or result in frequent hospitalizations that do not normally trigger this level of a cardiovascular problem or other medical issues.

Help with the Appeals Process

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

An experienced veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most suitable for their case. They can also help with gathering the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with an opportunity to have a formal hearing before a Veterans Law judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim deserves. They are also likely to have a vast experience dealing with VA disability claims, and they know the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans have to face. This can lead to a particular type of empathy which can help improve the outcome of an issue involving veterans' disability.

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