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Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From assembling medical and service evidence to submitting an appeal of an appeal denied.

Select a veteran disability attorney who specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you prove that the condition is related to your military service. This is referred to as a nexus. There are various types of evidence you can prove the connection, such as medical records or independent medical exams (IME), and letters from current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and provide evidence that is backed by independent experts.

It is much easier to prove a direct connection if injuries or illnesses occurred during your time in the military. For instance, if you received a head injury during service and now suffer headaches and concussions there is a direct link between those events and your current health condition.

It is a lot more difficult to become service-connected if there was a pre-existing condition that worsened while you were in military service. To prove that your service time has aggravated or exacerbated a pre-existing condition, you'll need to present medical evidence that is "clear and undeniable".

Appealing to a Denial

The VA will review your case after you have submitted your application and provided medical evidence. It usually makes a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three possible review options which include an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and culture of the armed forces. This will make the process more relaxed and less requiring you to explain your experiences and the circumstances in layman's terms.

You also want a firm that will work on your case throughout the entire appeals process of several years. Beware of firms who only assist you with the initial phases of your claim and then disappear.

A seasoned New York veterans disability law firms' disability attorney can assist you through all phases of the claim and appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to win your benefits, like monetary compensation aid and attendance, educational benefits or unemployability benefits.

Earning a higher rating

There could be a point when your disability gets worse, or your symptoms get broader or more challenging. In such a case it's logical to ask for an increase in your rating. A veterans disability lawyer can assist you in this process, and can assist you in finding evidence to support your request.

It's not unusual for the VA make mistakes, which can result in an under-rated rating than you deserve. It's worth contacting an expert to review your records for any errors. They may have missed an injury or left out any issue that could have been combined with another disability to get an increase in rating.

Even the fact that it's been more one year since the initial rating decision, you still have the option of filing an additional review or claim. These include a review of your entire file, which could result in modifications to your effective date as well as a new rating more accurate to what you feel.

If you think you're worthy of a rating of 100 percent or higher, you should consider requesting a supplemental claim. A disability lawyer can help develop a compelling argument for this rating, which is reserved only for the most debilitating of disabilities. For example, a mental health condition could qualify you for 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization that do not normally trigger such the rating for a heart disease or other medical issue.

Need help with the Appeals Process

Contrary to what some may believe that denying claims for disability by the VA is not the end of an individual's chances to get benefits. In fact, a former military member has one year from the date the local veterans' hospital or office sends them a negative decision to appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be best for their case. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was not correct. They can give a veteran an additional formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have a wealth of experience in handling VA disability claims, and they know the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates a distinct type of empathy, which can help improve the outcome of a disability claim for veterans.

The team at Sullivan &Kehoe of highly trained lawyers can review your VA disability claims for free to determine if we are able to help you. Contact us today to arrange an appointment for a free evaluation.