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Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From collecting medical and firm service proof to submitting an appeal of the denial of your claim.

Choose a veteran disability lawyer that specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only offer disability benefits if it is confirmed that your illness is related to your military service. This is called a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health exams (IME) or a nexus letter from current health care providers (especially in the case of mental health conditions). Sometimes, veterans have medically determined disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to present an accurate claim and submit evidence that is confirmed by experts who are independent.

It is simpler to prove a direct connection when illnesses or injuries were sustained while serving in the military. For instance, if were struck in the head while serving and are now suffering from concussions and headaches, there is a strong connection between the two events and your current condition.

However, it is more difficult to get connected if you suffer from an existing medical condition that worsened while you were in the military. To show that your time in service aggravated or worsened a pre-existing condition, you will need to provide expert medical evidence that is "clear and irrefutable".

Appealing a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling that either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant through the three review options which include an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences and the military's culture when choosing a New York veterans' disability lawyer. This will make it easier for you and decrease the need to describe your experiences and experiences in layman's language.

You also want a firm who will remain on your case for the entire multi-year appeals process. Beware of firms that only assist you in the initial stages of your case, only to then disappear.

A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit additional medical evidence, request an official hearing and assist you in any Board meetings to ensure your case is handled fairly. They can also help you get your benefits, like monetary compensation aid and attendance, educational benefits, or unemployment benefits.

How can I get a better rating

There might come a time that your disability becomes more severe, or your symptoms get broader or more challenging. In such a case it's logical to seek an increase in your rating. A veterans disability lawyer can assist you in this procedure, and assist you in finding evidence to prove your claim.

It's not unusual for the VA make mistakes, which can result in a lower rating than you deserve. If they overlook an injury you've suffered or overlook a problem that could be combined with other disabilities to earn higher ratings, it's worth having an expert look over your records to identify any errors.

You may still make a higher-level claim, or review if you've been rated for more than a calendar year. These require a complete review of your file and can result in an amendment to your effective date or an entirely new rating that's more accurate to how you really feel.

If you believe you're entitled to an assessment of 100 percent, or more, it's worth applying for a supplemental claim. A disability lawyer can assist you to build a strong case for this rating that is reserved for the most debilitating disabilities. A mental health condition like this one, for instance, may make you eligible for a 100 percent disability rating because it can hinder employment or cause frequent hospitalizations which are not typically triggering this level for a heart problem or other medical issues.

Getting help with the Appeals Process

Despite what some people may think that denying an appeal for disability by the VA isn't the end of an individual's ability to get benefits. In fact, a former veteran can wait one year from date the local veterans' hospital or office mails them an unfavorable determination to file an appeal.

A skilled veteran disability lawyer can help a veteran determine which of the three pathways for firm appealing would be most appropriate for their particular situation. They can also assist veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an additional formal hearing before an Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have years of experience dealing with VA disability claims and know the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans have to face. This creates a unique kind of empathy that may improve the outcomes of a case involving a disabled veteran.

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