Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.

Select a veteran disability attorney who is specialized in dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits when it can be proven that your condition is directly related to your military service. This is known as a linkage. There are many types of evidence that you could prove this connection, including medical records and independent medical examinations (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 missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and provide evidence backed by impartial experts.

It is much easier to prove a direct connection when injuries or illnesses occurred while you were in the military. For instance, if suffered head injuries during your time in service and you are suffering from concussions and headaches, there is a direct link between those events and your current condition.

It is harder to get connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To show that your time in service aggravated or worsened a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denial

After submitting an application and providing medical evidence, the VA will examine the case. The VA usually issues an approval or denial of benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disagreement. A lawyer for veterans' disability can assist the applicant navigate the three review options including a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Make sure you consider whether they can understand your military experiences and the military's culture. This can make it easier for you and lessen the need to describe your experiences and experiences in layman's terms.

You should also find a firm who will continue to work on your case for the entire multi-year appeals process. Beware of firms that only assist you with the initial stages of your claim and then go away.

A seasoned New York veterans' disability attorney can assist you at all stages of the claim, including appeals. They can help you submit more medical evidence, file an official hearing and assist you in any Board meetings to ensure your case will be dealt with without prejudice. They can also help you claim benefits including monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Getting a Higher Rating

It is possible that your disability becomes more severe or your symptoms become more severe. In this case it's sensible to request an increase in your rating. A veterans disability lawyer can assist with this process, and can help you find evidence to prove your claim.

It's not unusual to see the VA to make errors, which could result in being awarded a lower rating than what you deserve. It's recommended to consult an expert to examine your records for errors. They may have overlooked an injury or neglected to mention a problem which could be coupled with another disability to get a higher rating.

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

It's also worth looking into an additional claim or higher-level review if you believe you're entitled to a disability grade of 100 percent or higher. A disability lawyer can help you create an argument that is convincing for this type of rating that is reserved for those with difficult to treat disabilities. For instance, a mental health condition could be a reason to get a 100% disability rating because it can cause marked interruption to work or periods of hospitalization. These don't typically trigger this kind of a rating for a cardiovascular condition or other medical problem.

Getting Help with the Appeals Process

Despite what some think that denial of claims for disability by the VA is not the end of an individual's ability to recover benefits. Former veterans have one year to appeal the decision if it is not favorable.

A skilled veterans disability lawyer can assist a veteran in determining which of the three appeals options is best for their case. They can also assist an individual vet put the evidence needed to convince a higher level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim demands. They also have a wealth of experience in dealing with VA disability claims and understand the rules and procedures from top to bottom. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique type of empathy that can help improve the outcome of a disability claim for veterans.

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