Veterans Disability LawyersA veteran disability lawyer can assist you throughout the claims process. From collecting medical and service proof to filing an appeal of the denial of your claim.
Choose a
veterans disability attorney who is specialized in dealing with these cases, and who knows the VA system from head to toe. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only offer disability benefits if it's proven that your condition is linked to your military experience. This is referred to as a nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a an nexus note from current health care providers (especially in the case of mental health conditions). 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 know how to present an entire case and submit evidence backed by impartial experts.
It is easier to prove the direct connection between your service and illnesses or injuries that occurred while you were in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions there is a direct link between the events that led to your current condition.
However, it is more difficult to be connected if you have an existing medical condition that got worse while in the military. To prove that your service aggravated or made worse an existing illness you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a denied application
The VA will review your application after you have submitted your application and submitted medical evidence. The VA will typically issue an approval or denial of benefits. If the decision is not favorable, the veteran has a year to make a formal complaint. A disability attorney for veterans can help the claimant navigate through the three decision review options - a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experiences and the traditions of the armed forces when selecting a New York
veterans disability attorneys' disability lawyer. This will make the process more relaxed and reduce the need for you to describe your experiences and the circumstances in layman's terms.
You'll want a firm that will handle your case throughout the lengthy appeals procedure. Beware of firms who only help you with the initial stages of your claim and then vanish.
A seasoned New York veterans' disability attorney can assist you through all phases of the claim and appeals. They can help you submit more medical evidence, request an official hearing and assist you at any Board meetings to ensure your case is handled fairly. They can also help win you benefits like assistance, monetary compensations and attendance benefits, educational benefits, or unemployedness.
How can I get a better rating
It could be that your disability becomes more severe or your symptoms become more severe. In this case, it makes sense to ask for an increase in your rating. A veteran disability lawyer can assist you with this process and help collect evidence to prove your claim.
It's not unusual for the VA to make errors, which could result in being awarded a lower rating than what you deserve. If they overlook an injury you have or miss a condition that could be a combination of other disabilities to earn a higher rating It's a good idea to have an expert look over your records to spot any errors.
You are still able to file a higher-level claim and review if you have been given a rating for more than one calendar year. These are a thorough examination of your file, and 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 seeking an additional claim or a more thorough review if you're entitled to a disability rate of 100 percent or higher. A disability attorney can assist you in putting together a convincing argument for this kind of rating, which is reserved for very debilitating disabilities. For example, a mental health condition could be a reason to get an 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that don't normally trigger this type of a rating for a cardiovascular disease or other medical problems.
Need help with the Appeals Process
Contrary to what some may believe, the denial of a disability claim by the VA isn't the end of a person's chances to collect benefits. In fact, a former servicemember has a year from the date the local veterans' hospital or office sends them an unfavorable determination to file an appeal.
A skilled veteran disability lawyer can help a veteran determine which of the three current pathways for appealing would be the best option for their situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even provide veterans with a more formal hearing before a Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim demands. They are also likely to have years of experience handling VA disability claims and know the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates an unique type of empathy that can improve the outcomes of a case involving a disabled veteran.
Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we are able to help you. Call us today to set up your free evaluation.