Veterans Disability LawyersA veteran disability lawyer can help you through the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can help you through the entire claims process.
Choose a veteran disability attorney who specializes in these cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is established that your condition is connected to your military service. This is known as a "nexus. You can use different types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the cases of mental health issues). Sometimes, veterans suffer from medically-determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is backed by independent experts.
It is simpler to prove a direct service connection when illnesses or injuries occurred while you were in the military. If you suffered injuries during your military service and now suffer from headaches or concussions, it is easier to prove a direct service connection.
However, it's more difficult to get service connected if you have a pre-existing medical condition that worsened while in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence that is "clear and undeniable".
Appealing a Denied Application
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to submit a notice of disagreement. A veteran's disability attorney can assist the claimant through the three review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences and the military's culture when choosing a New York veterans' disability lawyer. This can make things easier for you and decrease the requirement to explain your situation and experiences in a layman's way.
You want a company that will handle your case throughout the long appeals process. Be wary of firms that assist you with the initial phases of your case and then go away.
A seasoned New York
veterans disability lawyers disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you at any Board meetings to ensure that your case will be handled fairly. They can also assist you to claim benefits including monetary compensation, aid and attendance, educational benefits or unemployment benefits.
How can I get a better rating
There could be a point that your disability becomes more severe, or your symptoms get more difficult or wider. In this case it is sensible to ask for an increase in your rating. A veteran disability lawyer can help you in this process and help collect evidence to prove your claim.
It's not uncommon to see the VA to make mistakes that result in receiving a lower score than you deserve. If they miss an injury or overlook a problem that could be linked with other disabilities in order to get higher ratings it's important to have an expert look over your records to spot any mistakes.
Even when it's been over one year since the initial rating decision, you still have the option of filing an additional review or claim. This includes a review of your entire dossier, which can result in modifications to the effective date of your claim and a new rating that is more corresponding to the feelings you have.
If you believe that you are entitled to a rating of 100 percent, or higher, consider making a claim for supplemental benefits. A disability attorney can help you create an argument that is convincing for this type of rating that is reserved for those with debilitating disabilities. A mental illness such as depression, for instance, could qualify you for a 100 percent disability rating because it can hinder employment or cause frequent hospitalizations that do not normally trigger this level of severity for a heart problem or any other medical condition.
Help with the Appeals Process
Contrary what some believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced veterans disability attorney can assist a vet in determining which of the three appeals options would be best for his particular situation. They can also help a vet get the evidence needed to convince a higher level reviewer that their previous decision was not right. They may also give a veteran an opportunity to have a formal hearing before an Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have years of experience dealing with VA disability claims, and they know the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a distinct type of empathy that can enhance the outcome of a case involving a disabled veteran.
The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Call us today to set up your free evaluation.