Veterans Disability LawyersA veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal against a claim that has been denied.
Select a veteran disability attorney who limits their practice to handling these cases and is aware of the VA's system inside out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits if you prove that the condition you have is a result of your military service. This is called a relationship. There are various types of evidence that you can use to show this connection, such as medical records, independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable 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 and provide evidence that is backed by independent experts.
It is easier to prove that there is a direct connection to your service for injuries or illnesses which occurred while in the military. For instance, if you suffered head injuries during your time in service and you are suffering from concussions and headaches, there is a strong connection between the two events and your current condition.
However, it is more difficult to get connected if you suffer from an existing medical condition that grew worse during your time in the military. To prove that your time in the military aggravated or worsened a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and undisputed".
Appealing an Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a complaint. A veterans disability lawyer can assist the applicant navigate the three decision review options which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing the right New York
veterans disability lawyer Take into consideration whether they have a good understanding of your military experiences and the traditions of the armed forces. This will make the process more comfortable and eliminate the need for you to explain your experiences and situations in plain language.
You want a firm who will take on your case through the lengthy appeals procedure. Be wary of firms that assist you in the first stages of your claim and then disappear.
An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request an official hearing, and represent you in any Board sessions to ensure that your case is handled fairly. They can also assist you to get your benefits, like monetary compensation aid and attendance, educational benefits or unemployability benefits.
Achieving a Higher Rating
It is possible that your disability gets worse or your symptoms get more severe. In this case it is sensible to request a higher rating. A veterans disability lawyer can assist you in this process, and they can assist you in locating evidence to justify your request.
It's not common for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. It's worth contacting an expert to examine your records for errors. They may have overlooked an injury or neglected to mention the issue that could be in conjunction with another disability to earn an increase in rating.
You may still file a higher-level claim and review if you've been given a rating for more than one calendar year. These can include a review of your entire record, which could result in changes to your effective date as well as a new rating that is more corresponding to your personal feelings.
It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you're entitled to a disability rate of 100 percent or greater. A disability lawyer can help create a compelling case for this rating which is only available for the most serious disabilities. A mental health problem, for example, may make you eligible for a 100 percent disability rating because it could hinder your employment or cause frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or any other medical condition.
Helping with the Appeals Process
Contrary what some believe, the fact that a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. Former military personnel have a year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can assist a veteran to determine which of the three ways to appeal is most appropriate for their particular situation. They can also help an individual vet put the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures both inside and outside. In addition, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This can create a special type of empathy which can sometimes improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Contact us today to set up your free assessment.