Veterans Disability LawyersA veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to submitting an appeal for a denied claim A veteran disability lawyer can help you throughout the entire claim process.
Choose a veteran disability attorney who is specialized in these types of 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 is related to your military service. This is referred to as a nexus. There are various types of evidence you could prove this connection, such as medical records, independent medical examinations (IME), and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are times when veterans have medically determinable disabilities, but are unable to be considered service connected due to insufficient or missing records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by unbiased experts.
It is much easier to prove direct service connection for injuries or illnesses that occurred while you were in the military. For instance, if received a head injury while serving and are now suffering headaches and concussions, there is a direct link between these events and your current health condition.
However, it's more difficult to get connected if you suffer from a pre-existing medical condition that became worse when you were in the military. In order to prove that your military service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that is at the level of "clear and irrefutable" proof.
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided medical proof. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable the veteran is given one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant in navigating the three possible review options -- a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
Make sure the lawyer is knowledgeable of your military experience and the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make things easier for you to understand and reduce the need to describe your experiences and experiences in a layman's way.
You also want a firm who will remain on your case throughout the entire appeals process of several years. Be wary of firms that assist you in the initial stages of your case, only to then vanish.
A seasoned New York veterans' disability attorney can assist you at all phases of the claim, including appeals. They can assist you in submitting more medical evidence, file an official hearing and assist you in any Board sessions to ensure that your case will be dealt with in a fair and fair manner. They can also assist you to claim benefits such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.
How can you get a better rating
There may be a point when your disability gets worse or your symptoms become more difficult or wider. In this case it's sensible to request an increase in your rating. A veteran disability lawyer can assist you in this process, and also help you collect evidence to back your claim.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. It's a good idea to hire a professional to check your records for mistakes. They might have missed an injury or left out any issue that could have been in conjunction with another disability to get an improved rating.
Even even if it's been more than one year since your initial rating decision, you still can file an additional review or claim. This involves a thorough review of your dossier and may result in an amendment to your effective date or an entirely new rating that's more accurate to what you truly feel.
If you believe that you are entitled to a rating of 100 percent or higher, you should consider applying for a supplemental claim. A disability lawyer can help you put together an argument that supports this type of rating which is reserved only for difficult to treat disabilities. A mental illness like this one, for instance, may allow you to receive a 100% rating of disability because it could affect your job or result in frequent hospitalizations that do not normally trigger this level for a heart problem or any other medical condition.
Assistance with the Appeals Process
Contrary what some believe the fact that contrary to what some may believe, a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former servicemember can wait one year from date their local veterans hospital or office mails them a denial to appeal.
An experienced veterans disability lawyer can assist a veteran in determining which of the three ways to appeal is most suitable for their case. They can also assist veterans put all the evidence required to convince a higher level reviewer that their previous decision was wrong. They can give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim deserves. They also have extensive experience dealing with VA disability claims and know the rules and procedures both inside and outside. Some lawyers are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a distinct type of empathy which can sometimes improve the outcome of a
veterans disability lawsuits' disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Call us today to set up an appointment for a free evaluation.