Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Choose a veteran disability lawyer who is specialized in dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits if they can prove that the condition you are suffering from is linked to your military service. This is called a nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus note from current healthcare providers (especially in the situation of mental health conditions). There are times when
veterans disability lawsuit suffer from medically determinable disabilities but are not connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed up by unbiased experts.
It is much easier to prove a direct service connection when injuries or illnesses were sustained while serving in the military. For example, if you received a head injury in the course of your service and suffer headaches and concussions there is a direct link between these events and your current condition.
However, it's more difficult to be connected if you have an existing medical condition that got worse while in the military. To prove that your time in service aggravated or made worse an existing illness You must present expert medical evidence that is at the level of "clear and irrefutable" evidence.
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually makes a decision which either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can guide the claimant through the three decision review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences and the traditions of the armed forces when selecting a New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the need to explain your situations and experiences in a layman's way.
You'll want a firm that will be working on your case through the lengthy appeals procedure. Be wary of firms that only assist you with the initial phases of your claim and then disappear.
A seasoned New York
veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting more medical evidence, request an official hearing, and represent you in any Board meetings to ensure that your case is handled in a fair manner. They can also assist you to get your benefits, like monetary compensation aid and attendance, educational benefits or unemployment benefits.
How can I get a better rating
There may be a point that your disability becomes more severe, or your symptoms get more complicated or broad. It makes sense in this case to request an increase in rating. A veteran disability lawyer can help you in this process and help you collect evidence to prove your claim.
It's not common for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. If they overlook an injury that you suffer from or ignore a condition which could be linked to other disabilities in order to get a higher rating It's worthwhile to have an expert review your records to find any errors.
Even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These include a review of your entire dossier, which could result in modifications to the effective date of your claim and a new rating more accurate to your personal feelings.
It's also worth looking into an additional claim or a more thorough review if you're entitled to a disability rate of 100 percent or greater. A disability lawyer can assist you to create a compelling case for this rating, which is reserved only for the most debilitating disabilities. A mental health problem like this one, for instance, may qualify you for a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or other medical conditions.
Help with the Appeals Process
Despite what some people may think the denial of an appeal for disability by the VA is not the end of an individual's chance to get benefits. Former service members have a year to appeal a decision that is not favorable.
A skilled veterans disability attorney can assist a veteran to determine which of the current three appeal options would be best for his particular situation. They can also help veterans gather the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can even assist a veteran with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They are also likely to have a vast experience dealing with VA disability claims and know the rules and procedures from top to bottom. Some lawyers are
veterans disability law firms, so they are aware of the difficulties that disabled veterans face. This can create a special kind of empathy that can help improve the outcome of an appeal for veterans' disability.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims for free to determine if we are able to help you. Contact us today to schedule an evaluation for free.