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Veterans Disability Lawyers

A veteran disability lawyer can assist 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 specializes in these types of 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 provide disability benefits if it's proved that your condition is linked to your military experience. This is known as a relationship. You can make use of various types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a an nexus note from current health care providers (especially in the case of mental health conditions). There are instances when veterans have medically determined disabilities, but are unable to be considered to be service-connected due the absence of or insufficient 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 easier to prove a direct connection when injuries or illnesses were sustained while serving in the military. If you have been injured in the military, and now suffer from headaches or concussions, it's much easier to prove a direct service connection.

However, it's more difficult to get connected if you suffer from an existing medical condition that became worse while you were in the military. To prove that your service has aggravated or exacerbated a pre-existing condition, you'll need to present medical evidence from an expert that is "clear and undeniable".

Appealing a denied application

After submitting an application and providing medical evidence after which the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veterans disability lawyer can help the claimant navigate the three review options including an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experiences and the traditions of the armed forces. This will make the process more enjoyable and eliminate the need for you to talk about your experiences and situations in layman's terms.

You should also choose a firm who will remain on your case for the entire appeals process of several years. Beware of firms that only assist you in the initial stages of your case, only to then go away.

An experienced New York veterans' disability attorney can assist you through every stage of your claim, including appeals. They can help you submit additional medical evidence, request an official hearing, and also represent you at any Board meetings to ensure that your case will be handled fairly. They can also help you claim benefits like monetary compensation, aid and attendance, educational benefits or unemployment benefits.

Receiving a Better Rating

There could be a point where your disability gets more severe, or your symptoms get more difficult or wider. In such a case it's logical to request an increase in your rating. A veterans disability lawyer can assist you in this procedure, and help you find evidence to justify your request.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you deserve. It's recommended to consult an expert to review your records for any errors. They could have missed an injury or omitted a problem which could be coupled with another disability to get an increase in rating.

You can still make a higher-level claim, or review if you have been assessed for more than a calendar year. This includes a review of your entire record, which can result in modifications to your effective date, as well as a new rating that is more corresponding to your feelings.

It's also worth seeking an additional claim or a higher-level review if you believe you deserve a disability rating of 100 percent or more. A disability lawyer can help you develop a convincing argument for this type of rating which is reserved for extremely difficult to treat disabilities. For example mental health issues could qualify you for an 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization, which don't normally trigger such rating for cardiovascular disease or other medical issue.

Helping with the Appeals Process

Despite what some believe the denial of a disability claim by the VA is not the end of an individual's ability to receive benefits. In fact, a former military member has a year from the date their local veterans hospital or office sends them a negative decision to appeal.

An experienced attorney for veterans can help a vet determine which of the three pathways for appeal is the best option for his case. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer the previous decision was not right. They can also provide a veteran with an opportunity to have a formal hearing front of an Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim requires. They also have a wealth of experience in dealing with VA disability claims, and they understand the rules and procedures inside out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This creates a unique type of empathy, which can help improve the outcome of a veterans disability law firms disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Call us today to schedule your complimentary evaluation.