Veterans Disability LawyersA veteran
disability lawyer can help you throughout the claims process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the claims process.
Select a veteran disability attorney who focuses their practice on handling these cases and is aware of the VA system from head to toe. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is confirmed that your illness is directly related to your military service. This is known as a "nexus. There are many types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the cases of mental health issues). There are times when veterans have medically determined disabilities, but they are not able to be considered service-connected due to the absence of or insufficient documents. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by impartial experts.
It is simpler to establish a direct connection when injuries or illnesses occurred during your time in the military. If you have been injured in the military and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
It is difficult to be service-connected if there was an existing condition that got worse during your military service. To prove that your time in the military aggravated or worsened a pre-existing health condition, you'll have to present medical evidence that is "clear and undisputed".
Appealing a Denial
After filing an application and submitting medical evidence, the VA will review the application. The VA will typically issue an approval or denial of benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disparagement. A veteran's disability attorney can assist the claimant through the three review options: a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences and the tradition of the armed services when choosing the New York veterans' disability lawyer. This can make it easier for you to understand and reduce the need to explain your situations and experiences in a layman's way.
You want a firm who will be working on your case through the lengthy appeals procedure. Beware of firms that assist you with the initial phases of your claim and then disappear.
An experienced New York veterans' disability attorney can help you with every stage of your claim and appeals. They can assist you in submitting more medical evidence, request an official hearing, and represent you at any Board meetings to ensure that your case will be handled fairly. They can also help you claim benefits including monetary compensation, aid and attendance, education benefits, or unemployment benefits.
Getting a Higher Rating
There could be a point when your disability gets worse, or your symptoms get more complex or broader. In that case, it makes sense to seek an increase in your rating. A veteran disability lawyer can help you in this process and help you gather evidence to back your claim.
It's not unusual for the VA make mistakes, resulting in receiving a lower score than you deserve. It's recommended to consult an expert to look over your records for mistakes. They might have missed an injury or missed the issue that could be in conjunction with another disability to get an even higher rating.
Even if it's been more than one year since your initial rating decision, you have the option of filing an additional review or claim. This includes a review of your entire file which could result in modifications to your effective date and an updated rating that is more true to your personal feelings.
It's also worth pursuing an additional claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or greater. A disability attorney can assist you in putting together a compelling argument for this type of rating that is reserved for those with severe disabilities. A mental health problem for instance, might make you eligible for a 100 percent disability rating because it can interfere with employment or cause frequent hospitalizations that are not typically triggering this level of severity for a heart problem or other medical issues.
Need Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. Former service members have a year to appeal an outcome that is not favorable.
A skilled veteran disability lawyer can help a veteran decide which of the three current pathways for appealing would be the best option for their situation. They can also help with gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They may even be able to provide veterans with a formal hearing before an Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim requires. They also have extensive experience managing VA disability claims, and are familiar with the rules and procedures completely. Additionally, some lawyers are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a unique kind of empathy that can improve the outcomes of a disability claim for veterans.
Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claims for free to determine if we can help you. Contact us now to schedule your free evaluation.