Veterans Disability Lawyers

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

Choose a veteran disability lawyer who is specialized in handling these cases and knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it's confirmed that your illness is connected to your military service. This is referred to as nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health exams (IME), or nexus letter from current health care providers (especially in the case of mental health conditions). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed up by independent experts.

It is much easier to prove a direct connection when injuries or illnesses occurred while you served in the military. For example, if you suffered head injuries in the course of your service and firms suffer headaches and concussions, there is a direct link between the events that led to your current condition.

It is a lot more difficult to become service-connected if you had an existing condition that deteriorated while you were in military service. In order to prove that your service aggravated or made worse an existing medical condition, you must supply expert medical evidence that is at the level of "clear and undeniable" proof.

Appealing to a Denial

The VA will review your case after you have submitted your application and submitted medical evidence. It usually makes a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veteran's disability attorney can assist the claimant through the three decision review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experience and the culture of the armed forces. This will make the process more relaxed and less demanding for you to explain your experiences and the circumstances in layman's terms.

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

An experienced New York veterans' disability attorney can assist you at every stage of your claim, including appeals. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you in any Board sessions to ensure that your case will be handled in a fair manner. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits or unemployment benefits.

Achieving a Higher Rating

It may happen that your disability gets worse or your symptoms get more severe. It is logical in this instance to seek an increase in rating. A veterans disability attorney disability lawyer can help with that process, and help you dig up evidence to back your request.

It's not uncommon to see the VA to make mistakes that result in an under-rated rating than you deserve. If they miss an injury that you suffer from or miss a condition that could be a combination of other disabilities in order to get an improved rating, it's worth having a professional look over your records to look for mistakes.

You are still able to file a higher-level claim or review if you've been rated for more than a calendar year. This involves a thorough review of your file, and could result in a change to your effective date or an updated rating that is more accurate to what you truly feel.

It's also worth seeking a supplemental claim or higher-level review if you're arguing that you deserve a disability rating of 100 percent or higher. An attorney for disability can help you develop a convincing argument for this type of rating, which is reserved for very severe disabilities. A mental illness such as depression, for instance, could make you eligible for a 100 percent disability rating, as it could affect your job or trigger frequent hospitalizations that do not normally trigger this level for a cardiovascular problem or other medical conditions.

Getting Help with the Appeals Process

Despite what some believe the denial of claims for disability by the VA is not the end of an individual's ability to recover benefits. Former service members have one year to appeal a decision that is not favorable.

An experienced attorney for veterans can assist a veteran to determine which of the current three options for appeal would be the most appropriate for his particular situation. They can also assist veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They may also give a veteran an extra formal hearing before an Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have a wealth of experience in handling VA disability claims and understand the rules and procedures from top to bottom. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy, which can make a difference in the outcome of a veterans disability case.

Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims free of charge to determine if we can assist you. Contact us today for your free evaluation.