Veterans Disability LawyersA veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can assist you throughout the entire claim process.
Choose a veterans disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it can be proved that your condition is connected to your military service. This is known as a connection. There are different types of evidence you can use to show this connection, including medical records or independent medical exams (IME), and the nexus letter from your 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 skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is backed by experts who are independent.
It is easier to establish a direct connection when injuries or illnesses occurred while you were in the military. If you've been injured while during your military service and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.
However, it's harder to get connected if you suffer from a pre-existing medical condition that worsened while you were in the military. To prove that your service time has aggravated or exacerbated a pre-existing medical condition, you'll need to present medical evidence from an expert that is "clear and undeniable".
Appealing a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It typically issues a decision which either approves or denies benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can help the claimant navigate through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences as well as the military's culture when selecting a New York veterans' disability lawyer. This will make it easier for you and decrease the need to explain your situations and experiences in layman's.
You'll want a firm that will work on your case throughout the long appeals process. Beware of firms that only assist you in the initial stages of your claim and then vanish.
An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, file an official hearing, and represent you at any Board sessions to ensure that your case is handled fairly. They can also assist you to claim benefits like monetary compensation,
Veterans Disability Lawyers aid and attendance, education benefits, or unemployment benefits.
How can you get a better rating
There may be a point when your disability becomes more serious or your symptoms become more complex or broader. It is logical in this situation to ask for an increase in your rating. A veteran disability lawyer can assist you with this process and assist you to collect evidence to back your claim.
It's not unusual for the VA to make mistakes that result in receiving a lower score than you deserve. It's recommended to consult an expert to examine your records for mistakes. They could have missed an injury or left out the issue that could be combined with another disability to receive an even higher rating.
You can still make a higher-level claim, or review if you have been evaluated for more than a calendar year. These require a complete review of your file. It could result in the change of your effective date or a new rating that's more accurate to how you truly feel.
It's also advisable to file an additional claim or a higher-level review if you believe you're entitled to a disability rate that is 100 percent or more. An attorney for disability can assist you in putting together a convincing argument for this type of rating, that is reserved for those with difficult to treat disabilities. For instance the mental health issue could be a reason to get a 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization that do not usually trigger this level of a rating for a cardiovascular disease or other medical issue.
Need help with the Appeals Process
Contrary to what many people think that denying a disability claim by the VA isn't the end of an individual's ability to recover benefits. In fact, a former soldier has one year from the date the local veterans' hospital or office sends them a denial to file an appeal.
A skilled veteran disability lawyer can assist a veteran in determining which of the three current pathways for appealing would be best for their case. They can also help
veterans disability lawyers gather the evidence together needed to convince a higher level reviewer that their previous decision was not right. They can provide a veteran an additional formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have extensive experience handling VA disability claims, and they know the rules and procedures both inside and outside. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a special type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.
Sullivan and Kehoe's team highly trained lawyers will review your VA disability claim for free to determine whether we can assist you. Contact us now to schedule your complimentary evaluation.