Veterans Disability Lawyers

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

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

Proving Service Connection

The VA will only award disability benefits if it is proven that your condition is connected to your military service. This is known as a nexus. You can make use of various types of evidence to prove the connection. This includes medical documents, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but they are not able to be considered service-connected due to the absence of or insufficient records. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and Veterans Disability Law Firms present evidence that is backed up by independent experts.

It is easier to prove a direct connection when injuries or illnesses occurred while you were in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions, there is a strong connection between these events and your current condition.

It is harder to get connected to the military if you suffered from an existing medical condition that was worsened during your military service. To show that your time in service caused or aggravated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and undisputed".

Appealing a denied application

After filing an application and submitting medical evidence after which the VA will review the case. The VA will usually issue the decision of approving or disapproving benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can guide the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can make the process more comfortable and reduce the need for you to talk about your experiences and the circumstances in layman's terms.

You also need a company that will work on your case throughout the duration of the appeals process over a period of years. Beware of companies that will only assist you with the initial stages of your claim, and then disappear.

An experienced New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to get your benefits, like monetary compensation aid and attendance, education benefits, or unemployment benefits.

How can I get a better rating

There could be a point when your disability gets worse, or your symptoms get more difficult or wider. In that case it is sensible to request an increase in your rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to prove your claim.

It's not unusual to see the VA make mistakes, which can result in receiving a lower score than you deserve. If they overlook an injury or miss a condition that could be linked with other disabilities to get a higher rating It's a good idea to have an expert 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 a higher-level review or supplemental claim. These can include a review of your entire file which may result in modifications to your effective date as well as a new rating more accurate to what you feel.

It's also worth seeking an additional claim or higher-level review if you're arguing that you deserve a disability rating of 100 percent or more. A disability lawyer can help develop a compelling argument for this rating, which is reserved only for the most debilitating disabilities. For example the mental health issue could qualify you for an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization. These don't usually trigger this level of an assessment for a cardiovascular condition or other medical problem.

Getting help with the Appeals Process

Despite what some think the denial of an appeal for disability by the VA isn't the end of an individual's chance to recover benefits. In fact, a former servicemember has one year from the date that the local veteran's hospital or office sends them a decision that is not favorable to appeal.

A skilled veterans disability attorney can assist a veteran in determining which of the three options for appeal would be best for his particular case. They can also assist veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They can give a veteran an opportunity to have a formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have extensive experience in managing VA disability claims, and they understand the rules and procedure inside out. Some attorneys are veterans Disability law Firms, and therefore know the challenges faced by disabled veterans. This creates an unique type of empathy that can improve the outcomes of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can assist you. Call us today to set up your free evaluation.