Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to filing an appeal on a denied claim, a veteran disability lawyer can help you through the entire claims process.
Choose a veterans disability attorney who limits their practice to handling these cases and knows the VA's system inside out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if you can prove that the condition is a result of your military service. This is referred to as a nexus. There are many types of evidence that you can prove this connection, such as medical records or independent medical exams (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. 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 up by independent experts.
It is easier to prove that there is a direct connection to your service for illnesses or injuries that occurred while in the military. If you suffered injuries in the military and you now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
However, it's more difficult to get service connected if you have a pre-existing medical condition that got worse while you were in the military. To prove that your service time caused or aggravated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".
Appealing a Denial
After filing an application and providing medical evidence after which the VA will examine the case. The VA will usually issue an approval or denial of benefits. If the decision is unfavorable the veteran has one year to make a notice of disagreement. A lawyer for veterans' disability can help the claimant navigate the three review options which include the supplemental claim, the higher-level review or a direct appeal to the Board of
veterans disability law firms' Appeals.
Consider whether the lawyer understands your military experience and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This can make it easier for you and decrease the requirement to explain your situation and experiences in layman's language.
You should also find a firm who will remain on your case throughout the entire multi-year appeals process. Beware of firms that only assist you in the initial stages of your claim, and then disappear.
A seasoned New York veterans' disability lawyer can assist you in all phases of the claim including appeals. They can help you submit more medical evidence, ask for an official hearing and assist you at any Board meetings so that your case will be dealt with in a fair manner. They can also help win you benefits like financial compensations, aid and attendance benefits, education benefits, or unemployment.
How can you get a better rating
There might come a time when your disability gets worse or your symptoms become more complex or broader. It is logical in this instance to seek an increase in your rating. A veterans disability lawyer can help with that process, and they can assist you in finding evidence to back your request.
It's not uncommon for the VA make mistakes, resulting in being awarded a lower rating than what you deserve. Whether they accidentally miss an injury that you suffer from or ignore a condition which could be linked to other disabilities in order to get an improved rating, it's worth having a professional look over your records to spot any mistakes.
You are still able to file a higher-level claim and review if you've been assessed for more than a calendar year. This involves a thorough review of your file, and could result in changes to your effective date or an entirely new rating that's more in line with how you truly feel.
If you believe you're entitled to a rating of 100 percent, or higher, consider seeking a supplemental claim. A disability lawyer can help you develop a compelling argument for this rating which is only available for the most debilitating disabilities. A mental health problem, for example, may qualify you for a 100 percent disability rating because it can interfere with employment or trigger frequent hospitalizations that would not normally trigger this level of a cardiovascular problem or other medical issues.
Need help with the Appeals Process
Contrary to what many people think, the denial of an appeal for disability by the VA isn't the end of an individual's ability to receive benefits. In fact, a former soldier can wait one year from date that the local veteran's hospital or office mails them a denial to file an appeal.
A skilled veterans disability lawyer can help a veteran decide which of the three pathways for appealing would be the best option for their situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that the previous decision was not right. They can provide a veteran an additional formal hearing before an
veterans disability lawsuit Law judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They also have extensive experience handling VA disability claims, and they understand the rules and procedures completely. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This creates a unique kind of empathy that can improve the outcomes of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to set up your free assessment.