Veterans Disability Lawyers

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

Select a veteran disability attorney that is solely 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 approve disability benefits if they can prove that the condition you are suffering from is linked to your military service. This is known as a nexus. There are different types of evidence that you could prove the connection, such as medical records, independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.

It is simpler to prove the direct connection between your service and illnesses or injuries which occurred while in the military. For instance, if were hit in the head while serving and are now suffering headaches and concussions, there is a direct link between the two events and your current health condition.

It is more difficult to be service-connected if you had an existing medical condition that was worsened while you were in military service. To prove that your service aggravated or worsened a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing to a Denial

After submitting an application and submitting medical evidence After submitting the application and firms providing medical evidence, the VA will review the case. It usually issues a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran has one year to make a notice of disagreement. A disability attorney for veterans 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.

Make sure the lawyer is knowledgeable of your military experiences as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the need to explain your situations and experiences in layman's language.

You'll want a firm that will take on your case through the lengthy appeals procedure. Beware of firms that only assist you in the first phases of your case and then go away.

A seasoned New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit more medical evidence, ask for an official hearing, and also represent you in any Board meetings so that your case will be dealt with without prejudice. They can also help win you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or unemployedness.

Getting a Higher Rating

There might come a time where your disability gets more severe or your symptoms become more complicated or broad. In this case it's sensible to seek a higher rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to back 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 overlook an injury or overlook a problem that could be a combination of other disabilities to earn higher ratings it's important to have an expert review your records to look for mistakes.

Even the fact that it's been more one year since the initial rating decision, you can file an additional review or claim. These involve a full review of your file, firms and could result in changes to your effective date or a new rating that's more accurate to how you really feel.

If you believe that you are entitled to a rating of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability lawyer can help make a convincing case for this rating which is only available for the most serious disabilities. For example mental health issues could be a reason to get 100% disability ratings because it can cause marked interruption to work or periods of hospitalization. These don't normally trigger such a rating for a cardiovascular illness or other medical issues.

Need Help with the Appeals Process

Contrary to what some may believe the fact that an VA denial of disability benefits does not mean that the person has no chance of recovering benefits. In fact, a former military member has a year from the date the local veterans' hospital or office mails them a negative decision to file an appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the three appeals options is the best option for his particular situation. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can even assist veterans with a formal hearing before an Veterans Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim requires. They are also likely to have extensive experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This can create a special kind of empathy that can sometimes improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Call us today to schedule an appointment for a free evaluation.