Veterans Disability LawyersA veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to submitting an appeal of a denied claim.
Select a veteran disability attorney that specializes in these cases and is well-versed with the VA system. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it's proven that your condition is related to your military service. This is called a connection. You can use a variety of evidence to prove the connection. These include medical records, independent health exams (IME), or the nexus letters from current health care providers (especially in the cases of mental health issues). Sometimes,
veterans disability lawyers have medically determined disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and present evidence that is backed up by independent experts.
It is much easier to prove a direct connection if injuries or illnesses occurred while you were 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 is more difficult to be connected if you suffer from a pre-existing medical condition that grew worse during your time in the military. To show that your time in service aggravated or worsened a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing an Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA typically issues an opinion either approving or denial of benefits. If the decision is not favorable the veteran is given one year to make a notice of disagreement. A disability attorney for veterans can guide the claimant through the three decision review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experience as well as the traditions of the armed forces when selecting a New York veterans' disability lawyer. This will make the process more comfortable and eliminate the need for you to talk about your experiences and circumstances in plain English.
You want a firm who will take on your case throughout the long appeals procedure. Beware of companies that will only assist you in the initial phases of your claim and then go away.
An experienced New York veterans' disability attorney can assist you at all phases of the claim including appeals. 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 handled in a fair manner. They can also help you win your benefits, including monetary compensation, aid and attendance, educational benefits or unemployed benefits.
How can I get a better rating
It could happen that your disability becomes worse or your symptoms get more severe. In such a case it's logical to seek an increase in your rating. A veteran disability lawyer can help you in this process and assist you to gather evidence to prove your claim.
It's not common for the VA to make mistakes that lead to a lower disability rating than you're entitled. It's worth contacting a professional to check your records for errors. They could have missed an injury or neglected to mention the issue that could be coupled with another disability to get an improved rating.
Even when it's been over one year since your initial rating decision, you can file a higher-level review or supplemental claim. This could include a thorough review of your entire record, which could result in changes to your effective date, as well as a new rating more accurate to your feelings.
If you believe that you are entitled to a rating of 100 percent, or higher, it's worth seeking a supplemental claim. A disability attorney can help you put together a compelling argument for this type of rating, which is reserved for extremely serious disabilities. For example an illness that is mental might qualify you for a 100% disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization. These don't normally trigger this type of a rating for a cardiovascular disease or other medical issue.
Getting help with the Appeals Process
Despite what some people may believe that denying an application for disability benefits by the VA is not the end of a person's chances to receive benefits. In fact, a former veteran is given one year from the date the local veterans' hospital or office mails them a denial to file an appeal.
An experienced attorney for veterans can assist a veteran to determine which of the three options for appeal is best for his situation. They can also assist a vet get all the evidence required to convince a higher-level reviewer that their previous decision was not right. They can give a veteran an extra formal hearing before a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have extensive experience handling VA disability claims and know the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This creates a distinct type of empathy that can make a difference in the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Call us now to schedule your free assessment.