Veterans Disability LawyersA veteran disability lawyer can help you through the entire claims process. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can assist you throughout the entire claim process.
Choose a veteran disability lawyer that is solely dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be proved that your condition is connected to your military service. This is known as a "nexus. You can make use of various types of evidence to prove this connection. This includes medical documents, independent health examinations (IME), or nexus letter from current healthcare providers (especially in the situation of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but cannot be considered to be service-connected due incomplete or omitted documents. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.
It is much easier to establish a direct connection when injuries or illnesses occurred during your time in the military. If you've been injured while in the military and you now suffer from headaches and concussions it is much easier to prove a direct service connection.
However, it's harder to get connected if you have a pre-existing medical condition that grew worse during your time in the military. In order to prove that your time in service aggravated or made worse an existing medical condition you must provide a doctor's medical evidence that rises to the level of "clear and unmistakable" evidence.
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. The VA will usually issue an approval or denial of benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A veteran's disability attorney can guide the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of
veterans disability lawsuit' Appeals.
Take note of whether the lawyer is familiar with your military experiences as well as the military's culture when selecting the New York veterans' disability lawyer. This will make the process more relaxed and less demanding for you to explain your experience and situations in plain language.
You want a company that will take on your case throughout the lengthy appeals procedure. Beware of companies that will only assist you with the first stages of your claim, and then go away.
A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to win your benefits, including monetary compensation, aid and attendance, education benefits or unemployability benefits.
How can you get a better rating
It may happen that your disability becomes worse or your symptoms are more severe. It makes sense in this instance to seek an increase in your rating. A veteran disability lawyer can help you with this process, and also help you collect evidence to prove your claim.
It's not uncommon to see the VA to make errors, which could result in receiving a lower score than you deserve. Whether they accidentally miss an injury or ignore a condition that could be linked with other disabilities to receive a higher rating It's worthwhile to have an expert review your records to identify any mistakes.
You may still make a higher-level claim, or review if you have been rated for more than a calendar year. This includes a review of your entire file which can result in changes to the effective date of your claim and a new rating more accurate to your personal feelings.
It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or greater. A disability lawyer can help you make a convincing case for this rating which is reserved for the most debilitating of disabilities. A mental health condition for instance, might allow you to receive a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations which do not normally trigger this level for a cardiovascular problem or other medical conditions.
Assistance with the Appeals Process
Contrary to what many people think, the denial of an application for disability benefits by the VA is not the end of an individual's chances to get benefits. Former service members have one year to appeal a decision that is not favorable.
An experienced attorney for veterans can help a vet determine which of the current three pathways for appeal is the best option for his particular situation. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an opportunity to have a formal hearing front of an
veterans disability lawsuit Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim deserves. They are also likely to have extensive experience handling VA disability claims, and they know the rules and procedures in and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can lead to a particular type of empathy which could help in the resolution of an appeal for veterans' disability.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for free to determine if we are able to help you. Contact us today for your free assessment.