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Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service evidence to filing an appeal of the denial of your claim.

Choose a veterans disability attorney who focuses their practice on handling these cases and knows the VA system from head to toe. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if they can prove that the condition you suffer from is linked to your military service. This is referred to as a nexus. There are various types of evidence that you could prove the connection, including medical records or independent medical exams (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are times that veterans suffer from medically-determined disabilities, but are unable to be service connected because of the absence of or insufficient records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is confirmed by independent experts.

It is simpler to establish a direct connection when illnesses or injuries were sustained while serving in the military. If you've been injured while in the military, and now suffer from headaches and concussions, it is easier to prove a direct service connection.

However, it is more difficult to get connected if you have a pre-existing medical condition that grew worse while you were in the military. To prove that your service caused or aggravated a pre-existing condition, you will need to provide expert medical evidence that is "clear and irrefutable".

Appealing a Denied Application

The VA will review your case after you have submitted your application and submitted medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is not in favor the veteran is given one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can assist the applicant navigate the three decision review options which include an additional claim, a higher-level review, or a direct appeal to the Board of veterans disability law firm' Appeals.

Take note of whether the lawyer is familiar with your military experience and the culture of the armed services when choosing a New York veterans' disability lawyer. This can make it easier for you and reduce the necessity to explain your circumstances and experiences in a layman's way.

You want a company that will be working on your case throughout the multi-year appeals procedure. Beware of firms that only assist you in the initial stages of your case, only to then disappear.

A seasoned New York veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting more medical evidence, request an official hearing and assist you in any Board sessions to ensure that your case is handled in a fair manner. They can also assist you in obtaining you benefits, such as financial compensations, aid and attendance benefits, educational benefits, or even unemployment.

How can you get a better rating

It could happen that your disability becomes worse or your symptoms become more severe. In that situation it's sensible to seek a higher rating. A veteran disability lawyer can assist you with this process and help you gather evidence to support your claim.

It's not unusual to see the VA to make errors, which could result in an under-rated rating than you deserve. In the event that they fail to notice an injury that you suffer from or overlook a problem that could be a combination of other disabilities to earn an increase in rating it's important to have an expert review your records to find any mistakes.

You may still submit a higher-level claim or review if you have been rated for more than a calendar year. These require a complete review of your file, and could result in changes to your effective date or a new rating that's more in line with how you feel.

If you believe you deserve an assessment of 100 percent or higher, it's worth seeking a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most serious disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations that don't normally trigger this level of severity for a heart problem or other medical issues.

Need Help with the Appeals Process

Contrary to what many people believe the denial of an application for disability benefits by the VA is not the end of a person's chances to get benefits. In fact, a former servicemember has one year from the date their local veterans hospital or office mails them a denial to appeal.

A skilled veterans disability attorney can assist a veteran in determining which of the current three appeal options would be the most appropriate for his case. They can also help veterans gather all the evidence required to convince a higher-level reviewer that the previous decision was incorrect. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They also have a wealth of experience in handling VA disability claims, and they know the rules and procedure inside and out. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans. This can lead to a particular kind of empathy that could help in the resolution of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to arrange your free evaluation.