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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to filing an appeal of a denied claim.

Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition is a result of your military service. This is called a nexus. There are different types of evidence you can use to show this connection, including medical records, independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are occasions when veterans have medically determinable disabilities, but are unable to be considered service connected due to missing or incomplete records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and submit evidence that is backed by independent experts.

It is simpler to prove an immediate connection with your service to injuries or illnesses that occurred while in the military. For instance, if suffered head injuries during your time in service and you are suffering headaches and concussions, there is a clear link between the events that led to your current health condition.

It is difficult to be connected to a service if you have an existing condition that deteriorated while you were in military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide expert medical evidence that is "clear and undeniable".

Appealing a Denial

After submitting an application and submitting medical evidence, the VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision is unfavorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options: the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the culture of the armed services when choosing the New York veterans' disability lawyer. This can help you feel more comfortable and less requiring you to describe your experiences and situations in layman's terms.

You'll want a firm that will be working on your case throughout the lengthy appeals process. Be wary of companies that assist you in the first stages of your case, only to then disappear.

An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can assist you in submitting more medical evidence, file an official hearing, and represent you in any Board meetings to ensure your case will be handled in a fair manner. They can also help you claim benefits including monetary compensation, aid and attendance, educational benefits or unemployment benefits.

How can you get a better rating

It may happen that your disability gets more severe or your symptoms become more severe. In that situation, it makes sense to seek an increase in your rating. A veterans disability lawyer can assist in that process, and can assist you in finding evidence to back your request.

It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. It's worth contacting a professional to check your records for mistakes. They may have overlooked an injury or left out the issue that could be combined with another condition to get an improved rating.

Even even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. This includes a review of your entire file, which could result in changes to the effective date of your claim and the creation of a new rating that is more precise to what you feel.

If you think you're worthy of a rating of 100 percent or higher, consider seeking a supplemental claim. A disability lawyer can assist you in putting together an argument that supports this type of rating, which is reserved for very difficult to treat disabilities. A mental health condition like this one, for instance, may qualify you for a 100 percent disability rating because it can interfere with employment or cause frequent hospitalizations which don't normally trigger this level of severity for a heart problem or other medical issues.

Helping with the Appeals Process

Contrary to what many people think the denial of an application for disability benefits by the VA is not the end of an individual's ability to receive benefits. Former service members have a year to appeal the decision if it is not favorable.

An experienced veterans disability attorney can assist a veteran to determine which of the three appeals options would be the most appropriate for his case. They can also help with gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They can even provide veterans with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They are also likely to have extensive experience dealing with VA disability claims and understand the rules and procedures from top to bottom. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can result in a unique kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can assist you. Call us today to schedule an appointment for a free evaluation.