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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.

Select a veteran disability lawyer 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 approve disability benefits if they can prove that the condition you have is a result of your military service. This is called a nexus. There are many types of evidence you can prove the connection, such as medical records, independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed up by independent experts.

It is simpler to establish a direct connection if injuries or illnesses occurred while you served in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions, there is a direct link between the two events and your current health condition.

However, it is harder to get connected if you have a pre-existing medical condition that grew worse during your time in the military. In order to prove that your time in service worsened or aggravated a pre-existing illness You must present expert medical evidence that reaches the level of "clear and irrefutable" proof.

Appealing an Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA usually issues a decision approving or denying benefits. If the decision is deemed unfavorable the veteran has one year to make a notice of disagreement. A disability attorney for veterans can guide the claimant through the three review options - an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer, be sure to consider whether they can understand your military experience and the military's culture. This can make it simpler for you and lessen the need to explain your situations and experiences in layman's language.

You want a firm who will take on your case throughout the long appeals procedure. Be wary of firms that assist you in the initial stages of your claim, and then go away.

An experienced New York veterans Disability Law Firms' disability attorney can assist you at every stage of your claim and appeals. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also help win you benefits, such as monetary compensations, aid and attendance benefits, educational benefits, or unemployability.

How can I get a better rating

It may happen that your disability becomes worse or your symptoms are more severe. It is logical in this situation to ask for an increase in your rating. A veteran disability lawyer can help you with this process and help gather evidence to support your claim.

It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you deserve. It's worth getting an expert to examine your records for errors. They might have missed an injury or omitted an issue that could be coupled with another condition to get an increase in rating.

You can still submit 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. It could result in changes to your effective date or an updated rating that is more in line with how you feel.

If you believe you deserve a rating of 100 percent, or higher, you should consider requesting a supplemental claim. An attorney for disability can help you develop a convincing argument for this type of rating which is reserved for very difficult to treat disabilities. A mental illness like this one, for instance, may make you eligible for a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations which would not normally trigger this level of severity for a heart problem or other medical issues.

Getting help with the Appeals Process

Despite what some think that denying an application for disability benefits by the VA is not the end of an individual's chance to collect benefits. In fact, a former servicemember has one year from the date that the local veteran's hospital or office mails them a decision that is not favorable to file an appeal.

An experienced attorney for veterans can help a vet determine which of the current three appeals options would be best for his case. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an opportunity to have a formal hearing front of a veterans disability attorneys Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim deserves. They also have extensive experience dealing with VA disability claims, and they understand the rules and procedures in detail. Some lawyers are veterans, so they know the challenges that disabled veterans face. This can lead to a particular type of empathy which can improve the outcome of the case of a disabled veteran.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Contact us today to set up your free assessment.