Veterans Disability LawyersA veteran disability lawyer can help you through the entire claim process. From collecting medical and service proof to submitting an appeal of the denial of your claim.
Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition you are suffering from is related to your military service. This is called a nexus. You can make use of various types of evidence to prove this connection. These include medical records, independent health exams (IME) or a an nexus note from current health care providers (especially in the case of mental health problems). There are times that veterans suffer from medically-determined disabilities, but they are not able to be considered service connected due to missing or incomplete documents. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed up by independent experts.
It is much easier to prove that there is a direct connection to your service for injuries or illnesses that occurred while in the military. If you've been injured while in the military and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
It is more difficult to be service-connected if you had an existing condition that deteriorated during your military service. To prove that your time in service aggravated or made worse an existing illness it is necessary to provide expert medical evidence that is at the level of "clear and undeniable" proof.
Appealing an Denial
The VA will review your application after you have submitted your application and provided medical proof. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one year to submit a Notice of Disagreement. A
veterans disability lawyer can help the claimant navigate the three decision review options -- the supplemental claim, the higher-level review or a direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and the military's culture. This will make it easier for you and decrease the need to explain your situations and experiences in a layman's way.
You also need a company that will work on your case for the entire multi-year appeals process. Beware of firms that assist you with the first phases of your claim and then vanish.
An experienced New York veterans' disability attorney can assist you through all stages of the claim, including appeals. They can assist you in submitting more medical evidence, file an official hearing, and also represent you in any Board meetings so that your case is handled fairly. They can also help you claim benefits such as monetary compensation, aid and attendance, education benefits or unemployed benefits.
Receiving a Better Rating
There might come a time that your disability becomes more severe or your symptoms become more complex or broader. In such a case it's logical to request an increase in your rating. A veterans disability lawyer can assist with this process, and assist you in locating evidence to support your request.
It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. Whether they accidentally miss an injury or overlook a problem that could be linked with other disabilities to receive an increase in rating It's a good idea to have an expert look over your records to look for mistakes.
You may still file a higher-level claim and review if you've been rated for more than a calendar year. These include a review of your entire dossier, which can result in modifications to your effective date as well as a new rating more accurate to your feelings.
If you believe you're entitled to a rating of 100 percent, or higher, you should consider applying for a supplemental claim. A disability lawyer can assist you to build a strong case for this rating which is only available for the most serious disabilities. A mental health problem like this one, for instance, may make you eligible for a 100 percentage disability rating since it can hinder employment or trigger frequent hospitalizations that don't normally trigger this level for a heart issue or other medical condition.
Need help with the Appeals Process
Contrary to what many people believe the denial of claims for disability by the VA isn't the end of an individual's chances to receive benefits. In fact, a former servicemember has one year from the date that their local veterans hospital or office sends them an unfavorable determination to file an appeal.
An experienced
veterans disability law firm disability lawyer can help a veteran determine which of the three current pathways for appealing would be most suitable for their case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can even provide a veteran with a more formal hearing before an Veterans Law Judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim needs. They will also have extensive experience in handling VA disability claims, and they are aware of the rules and procedure inside out. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This can result in a unique kind of empathy that could help in the resolution of the case of a disabled veteran.
Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claim for free to determine if we can help you. Call us today to set up your free assessment.