Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to submitting an appeal of an appeal denied.
Choose a veterans disability attorney who is specialized in handling these cases and is aware of the VA's system inside out. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits if it can be established that your condition is linked to your military experience. This is called a relationship. You can make use of various types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a an nexus letter from your current healthcare providers (especially in the cases of mental health issues). There are instances when veterans have medically determinable disabilities, but they are not able to be considered service connected due to incomplete or omitted documents. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and provide evidence that is backed by independent experts.
It is much easier to establish an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you have been injured during your military service and now suffer from headaches or concussions it is much easier to prove a direct service connection.
However, it's more difficult to be connected if you have a pre-existing medical condition that became worse during your time in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to submit a notice of disagreement. A
veterans disability law firm disability attorney can guide the claimant through the three review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and traditions of the armed forces. This can make it simpler for you to understand and reduce the requirement to explain your situation and experiences in layman's terms.
You need a firm that will take on your case throughout the long appeals process. Beware of firms that only assist you in the first stages of your case, only to then go away.
A seasoned New York
veterans disability attorney will assist you with every stage of your claim including the appeals process. They can help you submit additional medical evidence, request an official hearing, and represent you in any Board meetings to ensure that your case will be handled in a fair and fair manner. They can also help win you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployment.
Getting a Higher Rating
There may come a time when your disability becomes more serious or your symptoms become more complex or broader. It is logical in this instance to seek an increase in your rating. A lawyer for veterans can assist with this procedure, and assist you in locating evidence to back your request.
It's not uncommon for the VA make mistakes, resulting in an under-rated rating than you deserve. It's a good idea to hire a professional to check your records for any errors. They could have missed an injury or missed an issue that could be combined with another disability to get an improved rating.
Even if it's been more than one year since you made your initial rating decision, you have the option of filing an additional review or claim. These include a review of your entire dossier, that could lead to changes to your effective date, as well as a new rating that is more corresponding to your personal feelings.
It's also worth pursuing an additional claim or higher-level review if you're arguing that you're entitled to a disability rate of 100 percent or higher. A disability lawyer can help you develop a compelling argument for this rating which is only available for the most serious disabilities. For example, a mental health condition could be a reason to get an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of the rating for a heart illness or other medical issues.
Need help with the Appeals Process
Contrary to what some may believe that denying an appeal for disability by the VA isn't the end of an individual's chance to collect benefits. In fact, a former soldier has a year from the date the local veterans' hospital or office mails them a decision that is not favorable to file an appeal.
An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options would be best for his case. They can also help a vet get the evidence needed to convince a higher level reviewer that their previous decision was not correct. 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 that your claim needs. They are also likely to have a vast experience dealing with VA disability claims and understand the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This can create a distinct kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims for free to determine whether we can assist you. Contact us today for your complimentary evaluation.