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Veterans Disability Lawyers

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

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 attention it deserves.

Proving Service Connection

The VA will only grant disability benefits when it can be established that your condition is directly related to your military service. This is known as a nexus. There are many types of evidence you can prove the connection, such as medical records, independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and present evidence that is backed by experts who are impartial.

It is much easier to prove a direct connection when injuries or illnesses occurred while you served in the military. If you were injured in the military and you now suffer from headaches or concussions it is much easier to establish a direct connection to the service.

However, it is harder to get connected if you have an existing medical condition that became worse during your time in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".

Appealing to a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. The VA will typically issue a decision approving or denying benefits. If the decision is not favorable 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 - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This will make the process more enjoyable and less requiring you to explain your experience and situations in layman's terms.

You should also find a firm who will remain on your case for the entire appeals process of several years. Be wary about firms that assist you with the initial phases of your case and then go away.

An experienced New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you to get your benefits, such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Receiving a Better Rating

It is possible that your disability becomes worse or your symptoms get more severe. It makes sense in this case to request a higher rating. A lawyer for veterans' disability can assist with this process, and help you find evidence to support your request.

It's not uncommon to see the VA make mistakes, resulting in an under-rated rating than you deserve. Whether they accidentally miss an injury that you suffer from or ignore a condition that could be a combination of other disabilities to receive an improved rating it's important to have an expert review your records to identify any mistakes.

Even when it's been over one year since your initial rating decision, you still can file an additional review or claim. These require a complete review of your file. It could result in a change to your effective date or an entirely new rating that's more accurate to how you feel.

It's also advisable to file a supplemental claim or higher-level review if you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help you make a convincing case for this rating which is reserved for the most serious disabilities. For example, a mental health condition could be a reason to get a 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization that don't normally trigger such the rating for a heart illness or other medical issues.

Assistance with the Appeals Process

Despite what some people may believe that denying an appeal for disability by the VA isn't the end of an individual's chance to collect benefits. In fact, a former servicemember can wait one year from date their local veterans hospital or office mails them a denial to appeal.

An experienced veterans disability lawsuit disability attorney can assist a veteran in determining which of the three options for appeal is best for his particular case. They can also assist a vet get the evidence they need to convince a higher level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a formal hearing before an Veterans Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim requires. They are also likely to have extensive experience handling VA disability claims and know the rules and procedures in and out. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that can sometimes help improve the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can help you. Call us today to set up your free evaluation.