Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal of a denied claim.
Choose a
veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside out. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it is proven that your condition is directly related to your military service. This is referred to as a linkage. There are many types of evidence that you could prove the connection, including medical records and independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). Sometimes
veterans disability lawsuits have medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is backed by experts who are independent.
It is much easier to prove an immediate connection with your service to illnesses or injuries that you sustained while in the military. For instance, if suffered head injuries in the course of your service and suffer headaches and concussions there is a strong connection between the two events and your current condition.
However, it's harder to get connected if you suffer from an existing medical condition that became worse while you were in the military. In order to prove that your service aggravated or made worse an existing medical condition you must provide a doctor's medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing a denied application
The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA typically issues a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options - the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences as well as the military's culture when choosing the New York veterans' disability lawyer. This can make it easier for you and reduce the need to describe your experiences and experiences in layman's.
You also need a company that will continue to work on your case for the entire multi-year appeals process. Beware of firms who only assist you in the initial stages of your claim, and then vanish.
A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can help you submit more medical evidence, ask for an official hearing and represent you at any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also help you win you benefits such as monetary compensations, aid and attendance benefits, education benefits, or unemployment.
How can I get a better rating
There may be a point that your disability becomes more severe or your symptoms become more complicated or broad. In this case, it makes sense to seek a higher rating. A veterans disability lawyer can assist you in this procedure, and assist you in locating 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. If they overlook an injury that you suffer from or miss a condition which could be linked to other disabilities in order to get an increase in rating It's worthwhile to have an expert review your records to identify any mistakes.
You are still able to file a higher-level claim and review if you have been rated for more than a calendar year. This involves a thorough review of your file. It could result in an amendment to your effective date or an updated rating that is more accurate to what you feel.
It's also worth looking into an additional claim or higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or greater. An attorney for disability can help you develop an argument that supports this type of rating, that is reserved for those with severe disabilities. For instance, a mental health condition might qualify you for 100% disability ratings because it could cause significant disturbance to your job or frequent periods of hospitalization that don't normally trigger such the rating for a heart condition or other medical problem.
Getting Help with the Appeals Process
Despite what some people may think, the denial of a disability claim by the VA isn't the end of a person's chances to get benefits. In fact, a former servicemember can wait one year from date that their local veterans hospital or office mails them a decision that is not favorable to appeal.
An experienced
veterans disability attorney can assist a veteran to determine which of the current three pathways for appeal would be the most appropriate for his particular case. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They will also have extensive experience handling VA disability claims, and are familiar with the rules and procedure inside and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates a unique kind of empathy that can sometimes help improve the outcome of a disability claim for veterans.
The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims for no cost to determine whether we can help you. Contact us today to arrange an appointment for a free evaluation.