Veterans Disability LawyersA veteran disability lawyer can assist you through the entire claim process. From collecting medical and service evidence to filing an appeal on a denied claim, a veteran disability lawyer can help you throughout the entire claim process.
Select a veteran disability attorney who focuses their practice on dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be proven that your condition is directly related to your military service. This is known as a connection. There are many types of evidence that you could demonstrate this connection, including medical records or independent medical exams (IME), and nexus letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is backed up by unbiased experts.
It is much easier to prove a direct service connection when injuries or illnesses occurred while you were in the military. For instance, if were struck in the head in the course of your service and suffer from concussions and headaches, there is a direct link between these events and the current condition you are suffering from.
It is a lot more difficult to become service-connected if you had an existing condition that got worse while you were in military service. 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 undeniable".
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical evidence. It usually makes a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a notice of disagreement. A disability lawyer for veterans can assist the claimant in navigating the three review options including an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the military's culture when choosing a New York veterans' disability lawyer. This will make it easier for you to understand and reduce the requirement to explain your situation and experiences in layman's.
You should also choose a firm who will continue to work on your case throughout the entire duration of your appeal. Beware of companies that will only assist you with the initial stages of your claim and then go away.
A seasoned New York veterans' disability attorney can assist you through every stage of your claim and appeals. They can assist you in submitting more medical evidence, request an official hearing and represent you in any Board meetings to ensure that your case will be dealt with without prejudice. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or even unemployment.
How to get a higher rating
There may come a time when your disability gets worse or your symptoms become more difficult or wider. It makes sense in this case to request an increase in the rating. A lawyer for veterans' disability can assist with this process, and they can help you dig up evidence to justify your request.
It's not uncommon to see the VA make mistakes, which can result in being awarded a lower rating than what you deserve. It's worth contacting an expert to examine your records for errors. They may have missed an injury or left out a problem which could be in conjunction with another disability to receive an even higher rating.
Even if it's been more than one year since you made your initial rating decision, you can file a higher-level review or supplemental claim. This involves a thorough review of your file. It could result in an amendment to your effective date or an entirely new rating that's more accurate to what you feel.
It's also worth pursuing a supplemental claim or higher-level review if you're entitled to a disability grade that is 100 percent or more. An attorney for disability can assist you in putting together a compelling argument for this type of rating, which is reserved for very serious disabilities. A mental health condition like this one, for instance, may be a reason to get a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations that do not normally trigger this level for a heart problem or other medical conditions.
Getting help with the Appeals Process
Contrary to what some may believe the fact that a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former military member has a year from the date that their local veterans hospital or office sends them an unfavorable determination to appeal.
An experienced veteran disability attorney can assist a veteran to determine which of the current three pathways for appeal is best for his case. They can also assist veterans put the evidence together needed to convince a higher-level reviewer that their previous decision was wrong. They may also give a veteran a more formal hearing in before an Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have a wealth of experience in handling VA disability claims, and are familiar with the rules and procedures inside out. In addition, some attorneys are veterans themselves, which means that they understand the challenges that disabled
veterans disability attorney have to face. This creates a unique type of empathy that 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 schedule your free assessment.