Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.
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 receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you are suffering from is linked to your military service. This is referred to as linkage. There are many types of evidence to prove the connection. These include medical records, independent health exams (IME), or the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are times where
veterans disability lawsuit are diagnosed with medical disabilities, but are unable to be considered to be service-connected due missing or incomplete documents. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence that is backed by independent experts.
It is much easier to establish the direct connection between your service and injuries or illnesses that you sustained while in the military. If you have been injured in the military and now suffer from headaches or
Veterans Disability concussions, it is easier to prove a direct service connection.
However, it is harder to get connected if you suffer from a pre-existing medical condition that got worse while in the military. In order to prove that your time in service has aggravated or worsened an existing illness, you must supply expert medical evidence that reaches the level of "clear and undeniable" evidence.
Appealing a denied application
The VA will review your application after you have submitted your application and provided medical evidence. It usually issues a ruling that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options which include an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer Take into consideration whether they understand your military experience and the traditions of the armed forces. This will make the process more enjoyable and less demanding for you to talk about your experiences and situations in plain language.
You'll want a firm that will work on your case throughout the lengthy appeals procedure. Be wary about firms that assist you with the initial phases of your case and then go away.
An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployability.
Achieving a Higher Rating
It is possible that your disability gets worse or your symptoms become more severe. In that case it's logical to ask for a higher rating. A veterans disability lawyer can assist you in this process, and they can assist you in locating evidence to justify your request.
It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled. It's a good idea to hire an expert to look over your records for any errors. They may have overlooked an injury or neglected to mention the issue that could be combined with another condition to get an even higher rating.
Even the fact that it's been more one year since you made your initial rating decision, you still can file a higher-level review or supplemental claim. This includes a review of your entire dossier, which may result in changes to the effective date of your claim and
Veterans disability a new rating that is more corresponding to your personal feelings.
If you think you're worthy of an assessment of 100 percent or more, it's worth requesting a supplemental claim. A disability attorney can help you put together a convincing argument for this type of rating which is reserved only for debilitating disabilities. For instance mental health issues could be a reason to get an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that don't typically trigger this kind of the rating for a heart disease or other medical issue.
Assistance with the Appeals Process
Contrary what some believe, the fact that a VA denial of disability benefits does not mean that the person has no chance of recovering benefits. In fact, a former military member can wait one year from date the local veterans' hospital or office mails them an unfavorable determination to file an appeal.
An experienced veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be best for their case. They can also help an individual vet put all the evidence required 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.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have a wealth of experience in dealing with VA disability claims and understand the rules and procedures from top to bottom. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique type of empathy that may improve the outcomes of a veterans disability case.
Sullivan and Kehoe's team highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Call us today to set up your free assessment.