Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of an appeal denied.
Select a veteran disability lawyer that specializes in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it is proved that your condition is linked to your military experience. This is referred to as relationship. There are a variety of evidence that you can prove this connection, including medical records as well as independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire case and submit evidence that is backed by independent experts.
It is simpler to prove a direct connection when illnesses or injuries occurred while you were in the military. If you have been injured in the military and now suffer from headaches and concussions, it's much easier to prove a direct service connection.
However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that got worse when you were in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide medical evidence from a professional that is "clear and undisputed".
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. The VA typically issues a decision approving or denying benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A
veterans disability lawyer can assist the claimant in navigating the three decision review options including the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.
When deciding on a New York
veterans disability lawyer, be sure to consider whether they understand your military experience and the military's culture. This will make the process more comfortable and eliminate the need for you to explain your experience and situations in layman's terms.
You should also find a firm that will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of firms that only help you with the initial stages of your claim and then go away.
An experienced New York veterans' disability attorney can assist you through all stages of the claim, including appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you in obtaining you benefits, such as monetary compensations, aid and education benefits, attendance benefits, or even unemployment.
How to get a higher rating
There may be a point when your disability becomes more serious, or your symptoms get broader or more challenging. In that case, it makes sense to seek an increase in your rating. A
veterans disability attorneys disability lawyer can assist you in this procedure, and assist you in locating evidence to back your request.
It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. It's recommended to consult an expert to review your records for any errors. They may have missed an injury or missed a problem which could be combined with another disability to earn an improved rating.
Even when it's been over one year since you made your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These include a review of your entire file, which can result in changes to your effective date, as well as a new rating that is more corresponding to what you feel.
If you believe you deserve a rating of 100 percent, or higher, it's worth seeking a supplemental claim. An attorney for disability can help you put together a compelling argument for this type of rating, that is reserved for those with severe disabilities. A mental health condition like this one, for instance, may allow you to receive a 100 percent disability rating because it could affect your job or cause frequent hospitalizations that do not normally trigger this level for a heart issue or other medical condition.
Assistance with the Appeals Process
Contrary to what some may believe that denial of an application for disability benefits by the VA isn't the end of a person's chances to receive benefits. In fact, a former military member has a year from the date the local veterans' hospital or office sends them an unfavorable determination to appeal.
An experienced veterans disability lawyer can help a veteran decide which of the three ways to appeal is best for their case. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer 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 a New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim requires. They are also likely to have a wealth of experience in handling VA disability claims and are aware of the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This can create a special kind of empathy that can improve the outcome of the case of a disabled veteran.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine if we are able to help you. Call us today to schedule your free evaluation.