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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the entire claim process.

Choose a veteran disability attorney who specializes in these cases and is familiar with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition you suffer from is a result of your military service. This is referred to as a nexus. There are many types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the cases of mental health issues). There are times that veterans suffer from medically-determined disabilities, but they are not able to be service connected because of the absence of or insufficient records. These cases require the help of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence backed by impartial experts.

It is simpler to prove direct service connection for illnesses or injuries that you sustained while in the military. If you suffered injuries in the military and you now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

However, it is more difficult to be connected if you have a pre-existing medical condition that grew worse when you were in the military. To prove that your service aggravated or made worse an existing medical condition you must provide a doctor's medical evidence that rises to the level of "clear and undeniable" proof.

Appealing a Denial

After filing an application and submitting medical evidence, the VA will review the case. The VA usually issues an approval or denial of benefits. If the decision isn't favorable, the veteran has one year to make a formal complaint. A lawyer for veterans' disability can help the claimant navigate the three decision review options -- a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences as well as the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make things easier for you and reduce the requirement to explain your situation and experiences in layman's.

You need a firm that will work 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 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 additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help you obtain benefits including monetary compensation, aid and attendance, educational benefits or unemployed benefits.

How can you get a better rating

It could be that your disability gets worse or your symptoms become more severe. It makes sense in this situation to ask for an increase in rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to back your claim.

It's not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. If they overlook an injury you've suffered or overlook a problem which could be linked to other disabilities to receive an improved rating, it's worth having an expert look over your records to find any errors.

You are still able to file a higher-level claim and review if you've been given a rating for more than one calendar year. This involves a thorough review of your file and can result in changes to your effective date or an entirely new rating that's more accurate to how you truly feel.

It's also worth seeking an additional claim or higher-level review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can assist you in putting together an argument that supports this type of rating, which is reserved for very serious disabilities. A mental health problem, for example, may be a reason to get a 100 percentage disability rating since it can interfere with employment or cause frequent hospitalizations which are not typically triggering this level for a heart issue or other medical condition.

Getting Help with the Appeals Process

Contrary to what some may believe Contrary to what some may believe, an VA denial of disability benefits doesn't mean that the person is not eligible for benefits. In fact, a former veteran has one year from the date the local veterans' hospital or office sends them a denial to file an appeal.

A skilled veteran disability lawyer can help a veteran determine which of the three appeals options is the best option for their situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can even assist veterans with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They also have extensive experience dealing with VA disability claims and understand the rules and procedures from top to bottom. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This can result in a unique type of empathy which could help in the resolution of an issue involving veterans' disability.

The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claims for free to determine whether we can assist you. Call us today to schedule your complimentary evaluation.