Veterans Disability LawyersA veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.
Select a veteran disability lawyer who specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if you can prove that the condition you suffer from is related to your military service. This is known as a nexus. There are various types of evidence that you could prove this connection, such as medical records, independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are times when
veterans disability lawyer suffer from medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence backed by impartial experts.
It is much easier to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. For instance, if were struck in the head during your time in service and you are suffering from concussions and headaches, there is a strong connection between the two events and your current health condition.
However, it's harder to get connected if you suffer from a pre-existing medical condition that became worse during your time in the military. To prove that your time in service has aggravated or worsened an existing medical condition, you must supply expert medical evidence that is at the level of "clear and irrefutable" proof.
Appealing an Denial
After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. The VA typically issues the decision of approving or disapproving benefits. If the decision is not favorable, the veteran has a year to submit a notice of disagreement. A lawyer for
veterans disability lawsuit' disability can assist the claimant through the three decision review options which include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make the process more relaxed and reduce the need for you to describe your experiences and the circumstances in layman's terms.
You want a company that will be working on your case through the lengthy appeals procedure. Beware of companies that will only assist you in the initial stages of your claim and then disappear.
A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, file an official hearing and assist you at any Board meetings to ensure that your case will be dealt with in a fair manner. They can also assist you in obtaining you benefits such as financial compensations, aid and attendance benefits, educational benefits, or even unemployment.
How can I get a better rating
It could be that your disability becomes worse or your symptoms get more severe. It is logical in this instance to seek a higher rating. A veteran disability lawyer can assist you with this process, and also help you gather evidence to prove your claim.
It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled to. If they overlook an injury you have or overlook a problem that could be combined with other disabilities in order to get higher ratings it's important to have a professional look over your records to identify any mistakes.
You are still able to file a higher-level claim or review if you've been evaluated for more than a calendar year. These are a thorough examination of your file, and could result in a change to your effective date or a new rating that's more accurate to what you truly feel.
It's also worth seeking an additional claim or higher-level review if you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help you make a convincing case for this rating, which is reserved only for the most debilitating disabilities. A mental illness for instance, might make you eligible for a 100 percentage disability rating since it can hinder employment or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular issue or other medical condition.
Help with the Appeals Process
Contrary to what many people think the denial of a disability claim by the VA is not the end of an individual's ability to recover benefits. Former service members have a year to appeal an outcome that is not favorable.
An experienced lawyer for veterans can help a veteran determine which of the three current appeals routes is best for their case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can give a veteran an additional formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They are also likely to have a wealth of experience in handling VA disability claims, and they know the rules and procedures inside and out. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans. This creates a unique type of empathy, which can make a difference in the outcome of a case involving a disabled veteran.
Sullivan and Kehoe's team highly trained lawyers will review your VA disability claim for free to determine if we are able to help you. Contact us today to arrange your free evaluation.