Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal of an appeal denied.

Select a veteran disability attorney that is solely dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only offer disability benefits if it is proven that your condition is linked to your military experience. This is referred to as a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health assessments (IME), or an nexus note from current healthcare providers (especially in the case of mental health problems). There are occasions where veterans are diagnosed with medical disabilities, but they cannot be considered service connected due to insufficient or missing documents. These cases require the help of skilled New York disability lawyers who are able to present an accurate claim and submit evidence that is backed by unbiased experts.

It is much easier to establish an immediate connection with your service to injuries or illnesses that occurred while you were in the military. For instance, if you received a head injury while serving and are now suffering headaches and concussions, there is a strong connection between the two events and the current condition you are suffering from.

However, it's more difficult to get connected if you suffer from an existing medical condition that grew worse during your time in the military. In order to prove that your military service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing an Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options -- an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer Be sure to think about whether they can understand your military background and traditions of the armed forces. This can make the process more comfortable and less demanding for you to describe your experiences and situations in plain language.

You want a company that will be working on your case throughout the long appeals procedure. Be wary of firms that assist you in the first stages of your claim, and then go away.

A seasoned New York veterans' disability attorney can help you with all stages of the claim including appeals. 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 handled in a fair and fair manner. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, educational benefits, or unemployedness.

Achieving a Higher Rating

There could be a point when your disability becomes more serious, or your symptoms get more complicated or broad. It is logical in this case to request a higher rating. A veterans disability lawyer can assist you in this procedure, and assist you in locating evidence to support your request.

It's not common for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. It's a good idea to hire an expert to examine your records for mistakes. They may have overlooked an injury or missed an issue that could be in conjunction with another disability to receive a higher rating.

You may still make a higher-level claim, or review if you've 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 the creation of a new rating that is more precise to what you feel.

If you think you're worthy of an assessment of 100 percent or higher, you should consider requesting a supplemental claim. A disability attorney can help you develop a convincing argument for this kind of rating, that is reserved for those with difficult to treat disabilities. For example an illness that is mental might qualify you for an 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization, which don't normally trigger such a rating for a cardiovascular disease or other medical problems.

Getting Help with the Appeals Process

Despite what some believe that denying claims for disability by the VA isn't the end of a person's chances to receive benefits. Former military personnel have a year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three ways to appeal is the best option for their situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even provide veterans with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They are also likely to have extensive experience handling VA disability claims and are aware of the rules and procedures inside and out. Some attorneys are veterans, and therefore know the challenges that disabled veterans face. This creates a distinct type of empathy that can improve the outcomes of a case involving a disabled veteran.

The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Contact us today to arrange your free evaluation.