Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.
Select a veteran disability attorney who is specialized in handling these cases and knows the VA's system from top to bottom. This will ensure your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it can be proven that your condition is linked to your military experience. This is known as a "nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a nexus letter from current health care providers (especially in the situation of mental health conditions). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and present evidence that is backed up by experts who are impartial.
It is simpler to establish a direct service connection when illnesses or injuries were sustained while serving in the military. If you have been injured during your military service and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.
It is difficult to be service-connected if you had a pre-existing condition that worsened during your military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence from an expert that is "clear and undeniable".
Appealing a denied application
The VA will review your case after you have submitted your application and provided medical evidence. The VA will typically issue an approval or denial of benefits. If the decision is not favorable the veteran is given one year to file a Notice of Disagreement. A
veterans disability attorney can help the claimant navigate through the three review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the traditions of the armed forces when selecting a New York veterans' disability lawyer. This will help you feel more comfortable and less requiring you to talk about your experiences and situations in layman's terms.
You want a company that will be working on your case throughout the multi-year appeals process. Beware of firms that assist you with the first stages of your claim and then go away.
A seasoned New York veterans' disability attorney can assist you through all phases of the claim and appeals. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you obtain benefits like monetary compensation aid and attendance, education benefits, or unemployment benefits.
How do I obtain a higher rating
It may happen that your disability becomes worse or your symptoms are more severe. It makes sense in this situation to ask for an increase in your rating. A lawyer for veterans can help with that procedure, and help you find evidence to support your request.
It's not unusual to see the VA to make mistakes that result in an under-rated rating than you deserve. It's recommended to consult a professional to check your records for errors. They might have missed an injury or left out any issue that could have been in conjunction with another disability to earn an increase in rating.
You may still submit a higher-level claim or review if you've been evaluated for more than a calendar year. This includes a review of your entire file, which can result in changes to the effective date of your claim and the creation of a new rating that is more precise to your personal feelings.
It's also worth seeking an additional claim or a higher-level review if you're arguing that you deserve a disability rating of 100 percent or greater. A disability lawyer can assist you to build a strong case for this rating that is reserved for the most serious disabilities. A mental health problem like this one, for instance, may qualify you for a 100 percentage disability rating since it could hinder your employment or trigger frequent hospitalizations that don't normally trigger this level for a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what some may think that denying an application for disability benefits by the VA isn't the end of a person's chances to recover benefits. In fact, a former military member can wait one year from date their local
veterans disability law firms hospital or office mails them a negative decision to appeal.
An experienced lawyer for veterans can assist a veteran in determining which of the three current ways to appeal is most suitable for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention your claim requires. They are also likely to have years of experience handling VA disability claims and understand the rules and procedures in and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can create a distinct kind of empathy that can help improve the outcome of an appeal for veterans' disability.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Contact us today to arrange an evaluation for free.