Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From assembling medical and service evidence to submitting an appeal of an appeal denied.
Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with 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 approve disability benefits if they can prove that the condition you suffer from is connected to your military service. This is referred to as connection. You can make use of various types of evidence to prove this connection. These include medical records, independent health assessments (IME) or a an nexus note from current healthcare providers (especially in the situation of mental health conditions). There are occasions when veterans have medically determinable disabilities, but cannot be considered service connected due to the absence of or insufficient documents. These cases require the help of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed by independent experts.
It is much easier to establish a direct service connection if injuries or illnesses occurred during your time in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions, there is a direct link between the events that led to the current condition you are suffering from.
It is difficult to be connected to the military if you suffered from an existing condition that deteriorated while you were in military service. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide expert medical evidence that is "clear and irrefutable".
Appealing an Denial
The VA will review your case after you have submitted your application and provided medical proof. The VA usually issues a decision approving or denying benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veterans disability attorney can assist the claimant through the three decision review options - an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This will make it easier for you and decrease the need to describe your experiences and experiences in layman's.
You also want a firm that will continue to work on your case for the duration of the appeals process over a period of years. Be wary about firms that assist you in the first phases of your case and then go away.
A seasoned New York
veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you in any Board sessions to ensure that your case will be dealt with without prejudice. They can also assist you in obtaining you benefits such as cash compensations, aid or attendance benefits, education benefits, or unemployability.
How can I get a better rating
It could happen that your disability gets worse or your symptoms are more severe. It makes sense in this instance to seek an increase in the rating. A lawyer for veterans can assist in that process, and help you dig up evidence to justify your request.
It's not unusual to see the VA to make errors, which could result in being awarded a lower rating than what you deserve. If they miss an injury that you suffer from or miss a condition that could be combined with other disabilities to receive a higher rating it's important to have an expert review your records to identify any errors.
Even if it's been more than a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These are a thorough examination of your file, and could result in a change to your effective date or an entirely new rating that's more in line with how you really feel.
It's also worth pursuing a supplemental claim or higher-level review if you're arguing that you are entitled to a disability rating of 100 percent or more. A disability lawyer can help you develop a convincing argument for this type of rating which is reserved for extremely difficult to treat disabilities. For example an illness that is mental could be a reason to get an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization, which don't normally trigger such a rating for a cardiovascular condition or other medical problem.
Need Help with the Appeals Process
Despite what some think that denying claims for disability by the VA is not the end of an individual's ability to collect benefits. Former military personnel have a year to appeal a decision that is not favorable.
An experienced
veterans disability lawsuits disability attorney can help a vet determine which of the current three appeal options would be the most appropriate for his case. They can also assist with gathering the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran a more formal hearing in before an
veterans disability lawsuit Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim requires. They also have extensive experience in managing VA disability claims, and they are aware of the rules and procedure completely. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans face. This can result in a unique type of empathy which can sometimes improve the outcome of the case of a disabled veteran.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims for no cost to determine if we can help you. Call us today to schedule your free evaluation.