Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Choose a veteran disability lawyer that specializes in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if they can prove that the condition is linked to your military service. This is known as a connection. There are many types of evidence you can demonstrate this connection, such as medical records and independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are instances when veterans disability lawyer have medically determined disabilities, but cannot be service connected because of insufficient or missing documents. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim and submit evidence that is backed by independent experts.

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

However, it's more difficult to get connected if you suffer from a pre-existing medical condition that got worse when you were in the military. To show that your time in service caused or aggravated a pre-existing condition, you will need to provide expert medical evidence that is "clear and irrefutable".

Appealing a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually makes a decision which either approves or denies benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disagreement. A disability lawyer for veterans can help the claimant navigate the three possible review options -- the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

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

You also want a firm that will continue to work on your case for the duration of the appeals process over a period of years. 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 can help you with every stage of your claim, including appeals. They can help you submit more medical evidence, file an official hearing and assist you at any Board meetings to ensure your case will be handled in a fair and fair manner. They can also assist you to win your benefits, like monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Achieving a Higher Rating

There may come a time where your disability gets more severe or your symptoms become more complicated or broad. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can assist you in this process and help gather evidence to support your claim.

It's not unusual for the VA make mistakes, resulting in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to examine your records for mistakes. They could have missed an injury or left out any issue that could have been in conjunction with another disability to get an increase in rating.

You may still submit a higher-level claim or review if you have been rated for more than a calendar year. This could include a thorough review of your entire file, which may result in modifications to your effective date as well as an updated rating that is more true to your personal feelings.

It's also worth looking into an additional claim or a higher-level review if you are entitled to a disability rating that is 100 percent or more. An attorney for disability can help you put together an argument that is convincing for this type of rating that is reserved for those with serious disabilities. For example an illness that is mental could qualify you for an absolute disability rating because it can cause marked interference with employment or frequent periods of hospitalization that do not typically trigger this kind of rating for cardiovascular condition or other medical problem.

Need Help with the Appeals Process

Despite what some people may think, the denial of an application for disability benefits by the VA is not the end of an individual's chance to receive benefits. Former military personnel have a year to appeal a decision that is not favorable.

A skilled veterans disability attorney can help a vet determine which of the current three options for appeal is best for his situation. They can also assist with gathering the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim demands. They also have extensive experience in managing VA disability claims, and they understand the rules and procedures inside out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This creates a unique type of empathy, which can enhance the outcome of a case involving a disabled veteran.

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