Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of an appeal denied.
Choose a veteran disability lawyer who focuses their practice on dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is confirmed that your illness is connected to your military service. This is called a nexus. You can use different types of evidence to prove this connection. This includes medical records, independent health examinations (IME), or nexus letter from current health care providers (especially in the situation of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but they cannot be considered service connected due to incomplete or omitted records. These cases require the assistance of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is backed by experts who are independent.
It is simpler to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. For instance, if you received a head injury during your time in service and you are suffering from concussions and headaches, there is a clear connection between the events that led to your current condition.
However, it is harder to get connected if you have a pre-existing medical condition that became worse when you were in the military. To prove that your time in the military aggravated or worsened a pre-existing condition, you will need to present medical evidence that is "clear and irrefutable".
Appealing a denied application
After filing an application and submitting medical evidence, the VA will examine the case. The VA will usually issue the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given a year to submit a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three review options including a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When deciding on when choosing a New York
veterans disability lawyer, be sure to consider whether they can understand your military experience and military's culture. This will make the process more enjoyable and reduce the need for you to talk about your experiences and circumstances in plain English.
You'll want a firm that will work on your case throughout the multi-year appeals procedure. Be wary of firms that only assist you with the first stages of your claim and then go away.
A seasoned New York veterans' disability lawyer can assist you in all phases of the claim and appeals. They can help you submit more medical evidence, file an official hearing and assist you at any Board meetings to ensure your case is handled in a fair and fair manner. They can also assist you in obtaining you benefits like assistance, monetary compensations and attendance benefits, education benefits, or unemployment.
How can you get a better rating
There could be a point where your disability gets more severe or your symptoms become more difficult or wider. It makes sense in this scenario to ask for an increase in rating. A veterans disability lawyer can assist with this process, and can help you dig up evidence to back your request.
It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you deserve. It's recommended to consult a professional to check your records for mistakes. They may have overlooked an injury or left out the issue that could be coupled with another disability to get an improved rating.
You can still file a higher-level claim or review if you have been evaluated for more than a calendar year. This could include a thorough review of your entire record, that could lead to modifications to your effective date as well as a new rating more accurate to your feelings.
If you think you're worthy of a rating of 100 percent or higher, consider seeking a supplemental claim. A disability lawyer can help develop a compelling argument for this rating, which is reserved only for the most severe of disabilities. For instance, a mental health condition could be a reason to get 100% disability ratings because it could cause significant interference with employment or frequent periods of hospitalization, which don't normally trigger such the rating for a heart condition or other medical problem.
Getting Help with the Appeals Process
Contrary to what many people think, the denial of an appeal for disability by the VA is not the end of a person's chances to recover benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office mails them a negative decision to file an appeal.
An experienced veterans disability lawyer can help a veteran decide which of the three current appeals options is the best option for their situation. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even assist a veteran with a 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 handling VA disability claims and understand the rules and procedures both inside and outside. Additionally, some lawyers are
veterans disability law firms themselves, which means they understand the challenges disabled veterans have to face. This creates a unique type of empathy, which can help improve the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to set up your free evaluation.