Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.
Select a veteran disability lawyer who specializes in these cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if you can prove that the condition you have is linked to your military service. This is known as a nexus. You can use different types of evidence to prove the connection. These include medical records, independent health examinations (IME), or nexus letter from current health care providers (especially in the case of mental health problems). Sometimes, veterans have medically determined disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed by independent experts.
It is easier to prove a direct connection when injuries or illnesses occurred during your time in the military. If you have been injured during your military service and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.
It is more difficult to be connected to a service if you have an existing medical condition that was worsened during your military service. In order to prove that your time in service has aggravated or worsened an existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" evidence.
Appealing a Denial
After filing an application and submitting medical evidence, the VA will review the case. The VA typically issues a decision approving or denying benefits. If the decision is not favorable the veteran has one year to make a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three options for review that include a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.
When deciding on the right New York
veterans disability lawsuit disability lawyer Be sure to think about whether they understand your military experience and army's culture. This can make the process more relaxed and eliminate the need for you to explain your experiences and circumstances in plain English.
You also need a company who will remain on your case for the duration of the appeals process over a period of years. Beware of firms that assist you in the initial stages of your case, and then disappear.
An experienced New York veterans' disability attorney can assist you through all phases of the claim and appeals. They can assist you in submitting more medical evidence, file an official hearing and assist you in any Board meetings to ensure that your case will be dealt with without prejudice. They can also assist you to win your benefits, including monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How can you get a better rating
There could be a point that your disability becomes more severe, or your symptoms get more difficult or wider. It is logical in this situation to ask for an increase in rating. A
veterans disability lawyer can help with that process, and help you find evidence to support 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. If they miss an injury you have or miss a condition which could be linked to other disabilities to get a higher rating it's important to have a professional look over your records to look for errors.
Even even if it's been more than a year since your initial rating decision, you still have the option of filing an additional review or claim. These require a complete review of your file and can result in an amendment to your effective date or a new rating that's more accurate to what you really feel.
If you believe you're entitled to a rating of 100 percent or more, it's worth applying for a supplemental claim. A disability attorney can help you develop a convincing argument for this type of rating which is reserved for very debilitating disabilities. A mental health problem such as depression, for instance, could allow you to receive a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations that don't normally trigger this level for a heart problem or any other medical condition.
Getting help with the Appeals Process
Contrary to what many believe Contrary to what some may believe, an VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. Former
veterans disability lawsuit have one year to appeal any decision that isn't favorable.
An experienced veterans disability lawyer can help a veteran determine which of the three current appeals routes is most appropriate for their particular situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even provide veterans with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have extensive experience dealing with VA disability claims, and they know the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This creates a unique kind of empathy that can help improve the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to assist you. Contact us today to arrange your free assessment.