Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the claims process.
Choose a veterans disability attorney who is specialized in dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be established that your condition is directly related to your military service. This is called a nexus. There are different types of evidence that you could prove this connection, such as medical records and independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health conditions). There are instances that veterans suffer from medically-determined disabilities, but are unable to be considered service connected due to insufficient or missing documents. These cases require the assistance of skilled New York disability lawyers who know how to make an entire claim and provide evidence that is backed up by unbiased experts.
It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. If you suffered injuries in the military, and now suffer from headaches or concussions, it's easier to establish a direct connection to the service.
It is more difficult to be connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To show that your time in service has aggravated or exacerbated a pre-existing health condition, you'll have to present medical evidence that is "clear and irrefutable".
Appealing a Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA will typically issue an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given a year to make a formal complaint. A veterans disability attorney can help the claimant navigate through the three decision review options - the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and reduce the need for you to explain your experience and circumstances in plain English.
You should also find a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of companies that will only assist you in the initial stages of your claim, and then go away.
An experienced New York
veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit more medical evidence, file an official hearing, and represent you in any Board meetings to ensure your case is handled without prejudice. They can also help you get your benefits, like monetary compensation, aid and attendance, educational benefits or unemployability benefits.
Achieving a Higher Rating
It could be that your disability gets worse or your symptoms are more severe. It makes sense in this case to request an increase in the rating. A veteran disability lawyer can assist you in this process and help you collect evidence to back your claim.
It's not uncommon for the VA make mistakes, which can result in receiving a lower score than you deserve. In the event that they fail to notice an injury that you suffer from or overlook a problem which could be linked to other disabilities to get higher ratings It's worthwhile to have an expert look over your records to spot any mistakes.
You are still able to file a higher-level claim or review if you have been rated for more than a calendar year. These involve a full review of your file, and could result in an amendment to your effective date or an entirely new rating that's more accurate to how you really feel.
If you believe you deserve an assessment of 100 percent, or higher, it's worth making a claim for supplemental benefits. A disability attorney can assist you in putting together a compelling argument for this type of rating that is reserved for those with debilitating disabilities. For example an illness that is mental could be a reason to get an absolute disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization. These don't normally trigger this type of a rating for a cardiovascular disease or other medical problems.
Assistance with the Appeals Process
Contrary to what some may believe contrary to what many may think, an VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. Former service members have one year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can assist a veteran in determining which of the current three pathways for appeal is the best option for his particular case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even assist veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention you require for your claim. They also have years of experience handling VA disability claims and are aware of the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled
veterans disability lawyer face. This can create a special type of empathy which can help improve the outcome of a veterans' disability case.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims for free to determine whether we can assist you. Contact us today for your free evaluation.