Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering medical and service evidence to filing an appeal of a denied claim.

Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition is related to your military service. This is referred to as linkage. You can use a variety of evidence to prove this connection. These include medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the situation of mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed by independent experts.

It is easier to prove direct service connection for illnesses or injuries that occurred while you were in the military. If you've been injured while in the military, and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

It is a lot more difficult to become service-connected if you had a pre-existing condition that worsened while you were in military service. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence that is "clear and undeniable".

Appealing a denied application

The VA will review your application after you have submitted your application and provided medical proof. It usually issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a complaint. A veterans disability lawyer can assist the applicant navigate the three review options that include an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When selecting the right New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experience and military's culture. This can make it easier for you and lessen the need to explain your situations and experiences in a layman's way.

You want a company that will be working on your case throughout the multi-year appeals process. Beware of companies that will only assist you with the first phases of your claim and then go away.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, file an official hearing and assist you in any Board meetings to ensure that your case is handled fairly. They can also assist you to claim benefits including monetary compensation, aid and attendance, educational benefits or unemployment benefits.

How can I get a better rating

It could happen that your disability gets more severe or your symptoms become more severe. In that case it's logical to ask for a higher rating. A veterans disability lawyer can help with that process, and can help you find evidence to back your request.

It's not unusual for the VA to make mistakes that result in a lower disability 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 combined with other disabilities to get an increase in rating it's important to have an expert review your records to find any errors.

Even if it's been more than a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This includes a review of your entire record, which may result in changes to your effective date and the creation of a new rating that is more precise to what you feel.

It's also worth seeking an additional claim or higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or more. A disability lawyer can help build a strong case for this rating which is reserved for the most debilitating of disabilities. A mental health problem such as depression, for instance, could qualify you for a 100% rating of disability because it can hinder employment or cause frequent hospitalizations which do not normally trigger this level of a cardiovascular problem or other medical issues.

Assistance with the Appeals Process

Contrary what some believe, contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. Former service members have a year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can help a veteran decide which of the three current appeals routes is most suitable for their case. They can also assist veterans put the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can also provide a veteran with an extra formal hearing front of an Veterans Law judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim needs. They are also likely to have a vast experience dealing with VA disability claims and understand the rules and procedures from top to bottom. Some lawyers are veterans disability attorneys, so they know the challenges that disabled veterans face. This creates a unique kind of empathy that can make a difference in the outcome of a veterans disability case.

Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims for no cost to determine if we are able to help you. Call us today to schedule an evaluation for free.