Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the claims process.

Choose a lawyer for veterans that is solely handling these cases and knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if you can prove that the condition you have is related to your military service. This is referred to as a nexus. There are many types of evidence that you can demonstrate this connection, such as medical records or independent medical exams (IME), and letters from current health professionals or therapists (especially for mental health conditions). There are times when veterans have medically determinable disabilities, but cannot be considered to be service-connected due incomplete or omitted records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed by independent experts.

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

It is difficult to be service-connected if there was an existing medical condition that was worsened during your military service. To show that your time in service aggravated or worsened a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing an Denial

The VA will review your case after you have submitted your application and provided medical evidence. The VA typically issues an approval or denial of benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A veterans disability lawyer can help the claimant navigate the three decision review options including an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experiences and the military's culture. This will make the process more enjoyable and less demanding for you to explain your experience and situations in layman's terms.

You should also choose a firm who will remain on your case throughout the entire multi-year appeals process. Be wary of firms that only assist you with the first stages of your claim, and then go away.

A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also assist you in obtaining you benefits such as monetary compensations, aid and education benefits, attendance benefits, or even unemployment.

Earning a higher rating

There may be a point that your disability becomes more severe or your symptoms become broader or more challenging. In that case, it makes sense to seek a higher rating. A veterans disability lawyer can assist with this process, and can help you dig up evidence to support your request.

It's not unusual to see the VA make mistakes, which can result in receiving a lower score than you deserve. If they miss an injury that you suffer from or miss a condition that could be combined with other disabilities in order to get a higher rating It's worthwhile to have a professional look over your records to identify any errors.

You are still able to file a higher-level claim and review if you have been rated for more than a calendar year. These include a review of your entire file, which could result in changes to your effective date as well as a new rating more accurate to the feelings you have.

It's also worth pursuing an additional claim or a more thorough review if you're arguing that you deserve a disability rating of 100 percent or more. A disability lawyer can help create a compelling case for this rating that is reserved for the most debilitating of disabilities. A mental illness like this one, for instance, may be a reason to get a 100 percent disability rating because it could hinder your employment or trigger frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or any other medical condition.

Getting Help with the Appeals Process

Contrary to what some may believe, a VA denial of disability benefits does not mean that a person is not eligible for benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office mails them a negative decision to appeal.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current appeals options is most suitable for their case. They can also help an individual vet put the evidence they need to convince a higher level reviewer that their previous decision was wrong. They can provide a veteran a more formal hearing in front of a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention your claim requires. They are also likely to have years of experience dealing with VA disability claims and are aware of the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means they understand the challenges that disabled veterans have to face. This can create a special kind of empathy that could help in the resolution of an appeal for veterans' disability.

Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claims for free to determine whether we can assist you. Contact us today to arrange your free evaluation.