Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering medical and service evidence to filing an appeal against an appeal denied.

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

Proving Service Connection

The VA will only grant disability benefits if they can prove that the condition you are suffering from is linked to your military service. This is called a nexus. You can use a variety of evidence to prove this connection. These include medical documents, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health problems). There are times when veterans have medically determined disabilities, but they are not able to be considered service-connected due to incomplete or omitted records. These cases require the help of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is supported by unbiased experts.

It is simpler to prove a direct service connection when injuries or illnesses occurred while you served in the military. For instance, if received a head injury during your time in service and you are suffering headaches and concussions, there is a clear connection between the two events and the current condition you are suffering from.

It is more difficult to be connected to a service if you have an existing condition that deteriorated during your military service. In order to prove that your time in military service worsened or aggravated a pre-existing illness You must present expert medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing to a Denial

After filing an application and providing medical evidence The VA will review the case. It usually issues a decision that either approves or denies benefits. If the decision is not in favor the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can assist the applicant navigate the three options for review that include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience and the traditions of the armed forces when choosing the New York veterans' disability lawyer. This will make it easier for you and lessen the need to describe your experiences and experiences in layman's language.

You need a firm that will be working on your case through the lengthy appeals process. Be wary of firms that only assist you with the first stages of your claim and then go away.

A seasoned New York veterans' disability lawyer can assist you in every stage of your claim, veterans disability lawyers including appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist in obtaining you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployability.

How can you get a better rating

There may be a point when your disability gets worse or your symptoms become more complex or broader. In such a case it is sensible to request a higher rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to prove your claim.

It's not uncommon to see the VA to make mistakes that result in receiving a lower score than you deserve. If they miss an injury or miss a condition that could be a combination of other disabilities in order to get an increase in rating, it's worth having an expert review your records to identify any errors.

Even if it's been more than a year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file, and could result in the change of your effective date or a new rating that's more accurate to what you really feel.

If you think you're worthy of a rating of 100 percent or more, it's worth making a claim for supplemental benefits. A disability lawyer can help you create a compelling case for this rating which is only available for the most debilitating disabilities. A mental health problem for instance, might make you eligible for a 100% rating of disability because it could affect your job or trigger frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or any other medical condition.

Helping with the Appeals Process

Contrary what some believe, the fact that a VA denial of disability benefits doesn't mean that an individual is in no position to claim benefits. In fact, a former soldier can wait one year from date the local veterans disability lawsuit' hospital or office sends them a decision that is not favorable to appeal.

An experienced veteran disability attorney can assist a veteran to determine which of the current three appeals options is best for his case. They can also help veterans disability lawsuits in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They may even be able to provide veterans with a more formal hearing before an Veterans Law Judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim requires. They also have years of experience dealing with VA disability claims and are aware of the rules and procedures inside and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates a unique kind of empathy, which can help improve the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to arrange an evaluation for free.