Veterans Disability LawyersA veteran disability lawyer can assist you through the entire claim process. From gathering medical and service proof to filing an appeal on a denied claim,
Veterans disability lawyers a veteran disability lawyer can assist you throughout the entire claims process.
Select a veteran disability lawyer who is specialized in these types of cases and
veterans disability lawyers is familiar with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only approve disability benefits if you prove that the condition you suffer from is linked to your military service. This is known as a "nexus. There are many types of evidence that you can use to show this connection, such as medical records as well as independent medical examinations (IME) and letters from current health professionals or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is backed by unbiased experts.
It is much easier to prove a direct connection when injuries or illnesses were sustained while serving 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.
However, it's more difficult to get connected if you suffer from an existing medical condition that became worse when you were in the military. In order to prove that your time in military service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. The VA usually issues the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veterans disability attorney can assist the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience and the traditions of the armed forces when choosing the New York veterans' disability lawyer. This will make it easier for you and lessen the necessity to explain your circumstances and experiences in layman's terms.
You should also choose a firm who will remain on your case for the entire multi-year appeals process. Beware of firms that assist you with the initial stages of your claim and then vanish.
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, request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you to win your benefits, like monetary compensation aid and attendance, educational benefits or unemployment benefits.
Getting a Higher Rating
It may happen that your disability becomes worse or your symptoms get more severe. In that situation it is sensible to ask for an increase in your rating. A lawyer for veterans' disability can assist in that process, and help you dig up evidence to justify your request.
It's not unusual to see the VA make mistakes, which can result in receiving a lower score than you deserve. Whether they accidentally miss an injury or miss a condition that could be linked with other disabilities to receive higher ratings It's worthwhile to have an expert review your records to identify any errors.
Even the fact that it's been more one year since the 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 could result in modifications to your effective date, as well as the creation of a new rating that is more precise to your personal feelings.
It's also worth seeking an additional claim or higher-level review if you're trying to argue that you're entitled to a disability rate of 100 percent or higher. A disability lawyer can assist you in putting together a compelling argument for this type of rating which is reserved only for severe disabilities. For example mental health issues could qualify you for an absolute disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization that don't typically trigger this kind of the rating for a heart disease or other medical problems.
Help with the Appeals Process
Despite what some believe the denial of a disability claim by the VA is not the end of an individual's chance to collect benefits. Former military personnel have a year to appeal the decision if it is not favorable.
An experienced
veterans disability law firms disability attorney can assist a vet in determining which of the current three appeal options is the best option for his particular case. They can also assist a vet get the evidence they need to convince a higher level reviewer that their previous decision was not right. They can give a veteran an additional formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have extensive experience handling VA disability claims, and they know the rules and procedures in detail. Additionally, some attorneys are
veterans disability lawsuit themselves, which means they understand the challenges that disabled veterans have to face. This can lead to a particular kind of empathy that can help improve the outcome of an issue involving veterans' disability.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Call us today to set up your free evaluation.