veterans disability attorney Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From gathering medical and service evidence to filing an appeal of the denial of your claim.
Select a veteran disability attorney who is specialized in handling these cases and knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it is proven that your condition is connected to your military service. This is known as a relationship. There are many types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a an nexus note from current health care providers (especially in the situation of mental health conditions). There are occasions where veterans are diagnosed with medical disabilities, but cannot be considered to be service-connected due insufficient or missing documents. These cases require the help of skilled New York disability lawyers who are able to present an accurate claim and submit evidence that is backed up by independent experts.
It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while in the military. If you were injured during your military service and now suffer from headaches or concussions, it's easier to establish a direct connection to the service.
It is more difficult to be service-connected if you had a pre-existing condition that worsened while you were in military service. To prove that your time in service aggravated or made worse a pre-existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually makes a decision that either approves or denies benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three decision review options which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
When deciding on a New York veterans disability lawyer, be sure to consider whether they understand your military experience and traditions of the armed forces. This can make things easier for you and lessen the need to describe your experiences and experiences in layman's language.
You want a company that will work on your case through the lengthy appeals procedure. Be wary of firms that assist you in the first stages of your claim and then go away.
An experienced New York
veterans disability attorneys' disability attorney can help you with all phases of the claim including appeals. They can assist you in submitting more medical evidence, request an official hearing, and also represent you at any Board meetings to ensure your case will be dealt with in a fair and fair manner. They can also help you win your benefits, such as monetary compensation, aid and attendance, education benefits or unemployment benefits.
Achieving a Higher Rating
There could be a point where your disability gets more severe or your symptoms become more complicated or broad. It is logical in this instance to seek an increase in rating. A veterans disability lawyer can assist with this procedure, and help you find evidence to support your request.
It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. It's recommended to consult an expert to review your records for any errors. They might have missed an injury or neglected to mention any issue that could have been combined with another disability to earn an increase in rating.
You are still able to file a higher-level claim or review if you have been evaluated for more than a calendar year. These are a thorough examination of your dossier and may result in changes to your effective date or an updated rating that is more accurate to what you truly feel.
If you believe that you are entitled to an assessment of 100 percent, or higher, consider requesting a supplemental claim. An attorney for disability can help you create a compelling argument for this type of rating, which is reserved for extremely severe disabilities. A mental health condition such as depression, for instance, could make you eligible for a 100 percent disability rating because it can interfere with employment or trigger frequent hospitalizations that would not normally trigger this level of severity for a heart problem or other medical issues.
Getting Help with the Appeals Process
Despite what some believe that denial of claims for disability by the VA isn't the end of an individual's chances to get benefits. In fact, a former veteran has one year from the date the local veterans' hospital or office sends them a denial to file an appeal.
An experienced
veterans disability lawyer can help a veteran determine which of the three current pathways for appealing would be the best option for their situation. They can also help a vet get all the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an extra formal hearing before a Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They are also likely to have extensive experience dealing with VA disability claims, and they know the rules and procedures both inside and outside. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This can create a distinct type of empathy which can sometimes improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Call us today to set up your free evaluation.