Veterans Disability LawyersA veteran disability lawyer can help you throughout the claims process. From gathering medical and service proof to filing an appeal on a denied claim A veteran disability lawyer can help you throughout the entire claims process.
Choose a veteran disability lawyer who is specialized in these types of 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 relationship. There are different types of evidence you can prove this connection, such as medical records and independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes,
veterans disability law firm suffer from medically-determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is supported by independent experts.
It is much easier to establish a direct connection if injuries or illnesses occurred while you served in the military. If you've been injured while during your military service and now suffer from headaches and concussions, it's easier to establish a direct connection to the service.
However, it is more difficult to get service connected if you have an existing medical condition that worsened during your time in the military. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to present medical evidence from an expert that is "clear and undeniable".
Appealing an Denial
After submitting an application and providing medical evidence The VA will review the application. It usually issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A lawyer for veterans' disability can help the claimant navigate the three decision review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they can understand your military experience and the traditions of the armed forces. This can help you feel more comfortable and reduce the need for you to explain your experience and situations in layman's terms.
You also need a company who will remain on your case throughout the entire multi-year appeals process. Beware of firms that assist you in the initial stages of your case, and then disappear.
An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence or 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 obtain benefits like monetary compensation aid and attendance, educational benefits, or unemployment benefits.
How can I get a better rating
There may be a point that your disability becomes more severe or your symptoms become broader or more challenging. It makes sense in this instance to seek a higher rating. A veteran disability lawyer can assist you in this process and help you collect evidence to back your claim.
It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled. If they miss an injury you have or miss a condition which could be linked to other disabilities to receive higher ratings It's a good idea to have an expert review your records to look for errors.
Even even if it's been more than one year since the initial rating decision, you can file an additional review or claim. These involve a full review of your file, and could result in an amendment to your effective date or an entirely new rating that's more in line with how you truly feel.
It's also worth pursuing a supplemental claim or higher-level review if you believe 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 severe of disabilities. A mental health condition, for example, may be a reason to get a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations which are not typically triggering this level of severity for a heart problem or other medical issues.
Assistance with the Appeals Process
Despite what some believe, the denial of an appeal for disability by the VA isn't the end of an individual's ability to recover benefits. In fact, a former servicemember has a year from the date that the local veteran's hospital or office sends them a denial to file an appeal.
An experienced
veterans disability attorney can assist a veteran to determine which of the three appeals options is the best option for his situation. They can also help an individual vet put the evidence together needed to convince a higher level reviewer that the previous decision was incorrect. They can even provide veterans with a more formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention you require for your claim. They also have extensive experience handling VA disability claims and understand the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates an unique type of empathy that can sometimes make a difference in the outcome of a case involving a disabled veteran.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we can assist you. Call us today to set up your free evaluation.