Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and Veterans Disability Lawyers service evidence to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the claims process.

Select a veteran disability attorney that specializes in these cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you can prove that the condition you have is a result of your military service. This is known as a "nexus. There are a variety of evidence that you can prove this connection, including medical records or independent medical exams (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are occasions where veterans are diagnosed with medical disabilities, but cannot be considered to be service-connected due missing or incomplete documents. These cases require the help of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence backed by unbiased experts.

It is simpler to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. If you were injured in the military and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.

It is harder to get service-connected if you had a pre-existing condition that worsened during your military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence that is "clear and undisputed".

Appealing a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will usually issue a decision approving or denying benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disparagement. A lawyer for veterans' disability can assist the claimant through the three options for review that include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience and the military's culture when choosing a New York veterans' disability lawyer. This can make it simpler for you and decrease the need to explain your situations and experiences in layman's.

You should also choose a firm who will remain on your case for the entire multi-year appeals process. Beware of firms who only assist you in the initial stages of your claim, and then disappear.

An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit more medical evidence, ask for an official hearing and represent you at any Board sessions to ensure that your case will be handled without prejudice. They can also help you get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.

How to get a higher rating

It is possible that your disability becomes worse or your symptoms become more severe. In that situation, it makes sense to request an increase in your rating. A veteran disability lawyer can help you in this process and help you collect evidence to support your claim.

It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. If they overlook an injury that you suffer from or miss a condition that could be combined with other disabilities to earn an improved rating, it's worth having an expert look over your records to identify any mistakes.

Even the fact that it's been more one year since you made your initial rating decision, you can file a higher-level review or supplemental claim. This includes a review of your entire record, which may result in modifications to your effective date and the creation of a new rating that is more precise to your feelings.

If you believe you're entitled to a rating of 100 percent, or higher, it's worth requesting a supplemental claim. A disability lawyer can help you develop a convincing argument for this type of rating that is reserved for those with debilitating disabilities. A mental health problem for instance, might make you eligible for a 100% rating of disability because it could hinder your employment or cause frequent hospitalizations that are not typically triggering this level of severity for a heart problem or other medical issues.

Getting Help with the Appeals Process

Despite what some people may think that denial of a disability claim by the VA is not the end of an individual's ability to recover benefits. In fact, a former soldier has a year from the date that the local veteran's hospital or office sends them a negative decision to appeal.

A skilled veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be most suitable for their case. They can also help an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was not right. They may even be able to provide a veteran with a more formal hearing before an Veterans Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim requires. They are also likely to have a wealth of experience in handling VA disability claims, and they know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges that disabled veterans have to face. This creates an unique type of empathy that can help improve the outcome of a disability claim for veterans disability law firms.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today to arrange your free assessment.