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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can help you through the entire claims process.

Choose a veterans disability attorney that is solely handling these cases and knows the VA's system inside out. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits when it can be proven that your condition is connected to your military service. This is referred to as a nexus. You can make use of various types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the cases of mental health issues). There are times where veterans are diagnosed with medical disabilities, but they cannot be considered service connected due to insufficient or missing documents. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and present evidence that is backed up by independent experts.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries which 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 strong connection between the two events and the current condition you are suffering from.

It is difficult to be service-connected if there was an existing medical condition that was worsened while you were in military service. To prove that your service has aggravated or worsened an existing illness, you must supply expert medical evidence that is at the level of "clear and unmistakable" proof.

Appealing a Denial

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

Consider whether the lawyer understands your military experience and the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make things easier for you to understand and reduce the need to explain your situations and experiences in layman's language.

You need a firm that will be working on your case throughout the long appeals procedure. Beware of firms that assist you in the initial stages of your claim, and then disappear.

An experienced New York veterans disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help you win you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployment.

Earning a higher rating

It may happen that your disability gets worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in the rating. A lawyer for veterans' disability can assist you in this process, and can help you find evidence to support your request.

It's not uncommon to see the VA to make errors, which could result in a lower rating than you deserve. If they overlook an injury you've suffered or overlook a problem that could be linked with other disabilities to get an improved rating It's worthwhile to have a professional look over your records to identify any errors.

You are still able to file a higher-level claim and review if you have been assessed for more than a calendar year. This involves a thorough review of your dossier and may result in a change to your effective date or an updated rating that is more accurate to how you really feel.

If you believe you deserve an assessment of 100 percent or more, it's worth applying for a supplemental claim. A disability lawyer can help you create a compelling case for this rating which is reserved for the most serious disabilities. For example mental health issues might qualify you for a 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular illness or other medical issues.

Assistance with the Appeals Process

Despite what some believe that denying claims for disability by the VA is not the end of an individual's chances to receive benefits. In fact, a former veteran has one year from the date that the local veteran's hospital or office mails them a negative decision to appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options would be the most appropriate for his case. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer that the previous decision was not right. They can provide a veteran an opportunity to have a formal hearing before a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures inside and out. Some lawyers are veterans, so they know the challenges faced by disabled veterans. This creates an unique type of empathy that can enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Call us today to set up your free assessment.