Veterans Disability LawyersA veteran disability lawyer can assist you through the entire claims process. From collecting medical and service proof to submitting an appeal of an appeal denied.
Select a veteran disability attorney who limits their practice to dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be confirmed that your illness is related to your military service. This is referred to as connection. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or an nexus note from current health care providers (especially in the case of mental health problems). There are occasions when veterans have medically determinable disabilities, but they cannot be service connected because of insufficient or missing documents. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire claim and submit evidence backed by unbiased experts.
It is simpler to prove the direct connection between your service and illnesses or injuries that occurred while you were in the military. If you suffered injuries in the military and you now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
However, it is more difficult to be connected if you suffer from an existing medical condition that got worse when you were in the military. To prove that your service time caused or aggravated a pre-existing condition, you'll need to present medical evidence that is "clear and irrefutable".
Appealing a Denied Application
The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A lawyer for veterans' disability can assist the claimant through the three options for review including the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience and the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the necessity to explain your circumstances and experiences in a layman's way.
You want a firm who will handle your case through the lengthy appeals procedure. Be wary about firms that assist you in the first stages of your claim and then go away.
A seasoned New York
veterans disability law firm' disability lawyer can assist you in every stage of your claim including appeals. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you to win your benefits, like monetary compensation aid and attendance, educational benefits or unemployment benefits.
How can I get a better rating
It could happen that your disability becomes worse or your symptoms are more severe. In this case it is sensible to request a higher rating. A lawyer for
veterans disability attorney can assist with this process, and can assist you in finding evidence to back your request.
It's not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. It's recommended to consult an expert to look over your records for errors. They may have overlooked an injury or missed any issue that could have been added to another disability to get an even higher rating.
You may still file a higher-level claim and review if you've been rated for more than a calendar year. This involves a thorough review of your dossier and may result in the change of your effective date or an entirely new rating that's more in line with how you really feel.
If you think you're worthy of an assessment of 100 percent or higher, it's worth seeking a supplemental claim. A disability lawyer can help make a convincing case for this rating, which is reserved only for the most debilitating of disabilities. For example the mental health issue could be a reason to get 100% disability ratings because it could cause significant interruption to work or periods of hospitalization that do not normally trigger such rating for cardiovascular disease or other medical issue.
Getting help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. In fact, a former military member can wait one year from date that their local veterans hospital or office sends them a negative decision to file an appeal.
A skilled veterans disability lawyer can help a veteran determine which of the three ways to appeal is most suitable for their case. They can also assist with gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They may also give a veteran an opportunity to have a formal hearing before a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have a wealth of experience in managing VA disability claims, and they know the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can create a special type of empathy which could help in the resolution of an appeal for veterans' disability.
Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claims free of charge to determine if we are able to help you. Contact us today for your free assessment.