Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal of a claim that has been denied.

Select a veteran disability lawyer 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 award disability benefits if it is confirmed that your illness is linked to your military experience. This is called a relationship. You can use different types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a an nexus note from current health care providers (especially in the situation of mental health conditions). Sometimes, veterans have medically determined 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 able to present an entire case and submit evidence that is backed by independent experts.

It is simpler to prove that there is a direct connection to your service for illnesses or injuries that you sustained while in the military. For example, if you suffered head injuries during your time in service and you are suffering headaches and concussions, there is a clear link between those events and your current health condition.

It is difficult to be service-connected if there was a pre-existing condition that worsened while you were in military service. In order to prove that your service worsened or aggravated an existing condition You must present expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing to a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a decision that either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disparagement. A disability attorney for veterans disability case can help the claimant navigate through the three review options: an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer, be sure to consider whether they can understand Veterans Disability Lawyers your military experiences and the culture of the armed forces. This can make it simpler for you to understand and reduce the necessity to explain your circumstances and experiences in layman's terms.

You'll want a firm that will take on your case throughout the long appeals procedure. Be wary of firms that only assist you with the initial stages of your claim and then vanish.

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

Achieving a Higher Rating

There may come a time when your disability gets worse, or your symptoms get more difficult or wider. In that case, it makes sense to request an increase in your rating. A veteran disability lawyer can assist you with this process and help you collect evidence to back your claim.

It's not unusual to see the VA to make mistakes that result in receiving a lower score than you deserve. It's recommended to consult an expert to look over your records for errors. They could have missed an injury or omitted a problem which could be added to another condition to get a higher rating.

You are still able to make a higher-level claim, or review if you have been rated for more than a calendar year. These are a thorough examination of your file. It could result in the change of your effective date or an updated rating that is more accurate to how you feel.

It's also advisable to file an additional claim or a higher-level review if you believe you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help you build a strong case for this rating which is only available for the most debilitating of disabilities. For example, a mental health condition could be a reason to get an 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that don't typically trigger this kind of rating for cardiovascular disease or other medical problems.

Need Help with the Appeals Process

Despite what some believe the denial of an appeal for disability by the VA isn't the end of an individual's chance to get benefits. In fact, a former veteran is given one year from the date the local veterans' hospital or veterans disability lawyers office sends them a denial to file an appeal.

An experienced veterans disability attorney can help a vet determine which of the current three appeal options is the best option for his case. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that the previous decision was not right. They can even provide veterans disability litigation with a formal hearing before a veterans disability settlement Law Judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim requires. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This can lead to a particular type of empathy which can help improve the outcome of an issue involving veterans' disability.

The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claim for free to determine if we can assist you. Contact us today to arrange your free evaluation.