Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal against a claim that has been denied.
Choose a veterans disability attorney who limits their practice to handling these cases and knows 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 you can prove that the condition is related to your military service. This is called a connection. There are many types of evidence you can prove this connection, including medical records as well as independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but are not connected because of missing or insufficient military treatment records. 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 easier to prove direct service connection for illnesses or injuries that you sustained while in the military. For instance, if were hit in the head during service and now suffer from concussions and headaches, there is a clear connection between the events that led to your current condition.
It is harder to get connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To prove that your service time caused or aggravated a pre-existing condition, you will need to provide expert medical evidence that is "clear and undisputed".
Appealing a Denial
After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA will usually issue a decision approving or denying benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three decision review options that include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.
When selecting the right New York veterans disability lawyer Take into consideration whether they can understand your military experience and the army's culture. This can help you feel more comfortable and reduce the need for you to explain your experiences and situations in layman's terms.
You should also choose a firm that will work on your case throughout the entire duration of your appeal. Be wary about firms that assist you in the first stages of your claim and then go away.
A seasoned New York veterans' disability lawyer can assist you in all phases of the claim and appeals. They can help you submit more medical evidence, ask for an official hearing and assist you in any Board sessions to ensure that your case will be handled in a fair manner. They can also help you win you benefits, such as monetary compensations, aid and education benefits, attendance benefits, or unemployment.
How can you get a better rating
It is possible that your disability gets worse or your symptoms are more severe. In this case it is sensible to request a higher rating. A veterans disability lawyer can help with that process, and can help you dig up evidence to back your request.
It's not unusual for the VA to make errors, which could result in receiving a lower score than you deserve. It's worth contacting an expert to review your records for any errors. They might have missed an injury or missed an issue that could be coupled with another disability to receive a higher rating.
Even when it's been over a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This could include a thorough review of your entire file which could result in modifications to your effective date, as well as a new rating that is more corresponding to the feelings you have.
If you believe you deserve a rating of 100 percent or higher, you should consider applying for a supplemental claim. A disability lawyer can assist you to build a strong case for this rating which is only available for the most debilitating of disabilities. A mental illness for instance, might allow you to receive a 100% rating of disability because it could affect your job or cause frequent hospitalizations which are not typically triggering this level of severity for a heart problem or any other medical condition.
Assistance with the Appeals Process
Despite what some people may think the denial of an appeal for disability by the VA isn't the end of an individual's ability to receive benefits. Former service members have a year to appeal an outcome that is not favorable.
An experienced
veterans disability lawyer can help a veteran decide which of the three current appeals routes is most suitable for their case. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They may also give a veteran an additional formal hearing front of a
veterans disability law firm 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 years of experience dealing with VA disability claims and are aware of the rules and procedures in and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates an unique type of empathy that can sometimes enhance the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Call us today to set up your free assessment.