Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claims process.
Choose a veteran disability attorney who specializes in these types of cases and is familiar with the VA system. 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 established that your condition is directly related to your military service. This is called a nexus. You can make use of various types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health problems). There are instances that veterans suffer from medically-determined disabilities, but are unable to be service connected because of insufficient or missing records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.
It is easier to establish a direct service connection when illnesses or injuries occurred while you served in the military. If you've been injured while in the military and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.
However, it is harder to get connected if you have an existing medical condition that became worse during your time in the military. To prove that your service has aggravated or exacerbated a pre-existing medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing to a Denial
The VA will review your case after you have submitted your application and provided medical proof. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to make a formal complaint. A veterans disability lawyer can assist the applicant navigate the three possible review options -- an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer Make sure you consider whether they understand your military background and military's culture. This can make the process more relaxed and reduce the need for you to describe your experiences and the circumstances in layman's terms.
You'll want a firm that will work on your case throughout the long appeals process. Be wary of firms that only help you with the initial phases of your claim and then go away.
An experienced New York veterans' disability attorney can assist you through all phases of the claim, including appeals. They can assist you in submitting additional medical evidence,
veterans Disability lawyer request an official hearing, and represent you in any Board meetings so that your case is handled in a fair and fair manner. They can also assist you in obtaining you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or unemployedness.
How to get a higher rating
It could be that your disability becomes worse or your symptoms are more severe. In this case, it makes sense to ask for an increase in your rating. A Veterans Disability Lawyer (
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veterans disability lawyer and assist you in locating evidence to support your request.
It's not unusual for the VA make mistakes, resulting in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury you have or miss a condition which could be linked to other disabilities to receive a higher rating it's important to have an expert look over your records to find any mistakes.
You are still able to file a higher-level claim and review if you have been rated for more than a calendar year. These can include a review of your entire dossier, that could lead to modifications to the effective date of your claim and an updated rating that is more true to the feelings you have.
It's also worth pursuing an additional claim or a more thorough review if you're entitled to a disability grade of 100 percent or more. A disability lawyer can help you make a convincing case for this rating, which is reserved only for the most debilitating of disabilities. For example, a mental health condition could be a reason to get an 100% disability rating because it could cause significant interruption to work or periods of hospitalization that don't normally trigger this type of rating for cardiovascular disease or other medical problems.
Getting Help with the Appeals Process
Contrary to 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 a negative decision to appeal.
An experienced
veterans disability lawsuit disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be most appropriate for their particular situation. They can also help an individual vet put the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They can provide a veteran an additional formal hearing front of a Veterans Law judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim deserves. They also have extensive experience handling VA disability claims and know the rules and procedures in and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a special kind of empathy that could help in the resolution of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Call us now to schedule your free evaluation.