Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.
Choose a veterans disability attorney (
This Internet site) that is solely handling these cases and is aware of the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it is proven that your condition is related to your military service. This is called a connection. There are different types of evidence you could use to show this connection, such as medical records, independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health issues). There are times when veterans have medically determined disabilities, but are unable to be service connected because of the absence of or insufficient documents. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed up by experts who are independent.
It is easier to prove direct service connection for illnesses or injuries that you sustained while in the military. If you suffered injuries during your military service and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.
However, it's harder to get connected if you have an existing medical condition that grew worse during your time in the military. To prove that your service worsened or aggravated a pre-existing illness You must present expert medical evidence that is at the level of "clear and irrefutable" proof.
Appealing to a Denial
The VA will review your case after you have submitted your application and provided medical proof. The VA usually issues a decision approving or denying benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veterans disability attorney can help the claimant navigate through the three decision review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience and the military's culture when selecting the New York veterans' disability lawyer. This will make the process more enjoyable and less requiring you to explain your experience and situations in plain language.
You also want a firm that will work on your case throughout the entire multi-year appeals process. Beware of companies that will only help you with the initial stages of your claim and then disappear.
An experienced New York
veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you in any Board meetings to ensure that your case will be dealt with fairly. They can also assist you in obtaining you benefits like financial compensations, aid and attendance benefits, educational benefits, or unemployment.
Receiving a Better Rating
There could be a point when your disability gets worse or your symptoms become broader or more challenging. In that situation it's sensible to ask for a higher rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to back your claim.
It's not unusual to see the VA to make mistakes that result in receiving a lower score than you deserve. If they miss an injury you have or miss a condition which could be linked to other disabilities to get an increase in rating It's a good idea to have a professional look over your records to identify any mistakes.
Even even if it's been more than one year since the initial rating decision, you can file a higher-level review or supplemental claim. These require a complete review of your file and can result in changes to your effective date or an entirely new rating that's more accurate to what you really feel.
It's also advisable to file a supplemental claim or higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or greater. An attorney for disability can assist you in putting together an argument that is convincing for this kind of rating, which is reserved only for difficult to treat disabilities. A mental health problem like this one, for instance, may qualify you for a 100% rating of disability because it could hinder your employment or result in frequent hospitalizations that don't normally trigger this level of severity for a heart issue or other medical condition.
Help with the Appeals Process
Contrary to what some may believe Contrary to what some may believe, the fact that a VA denial of disability benefits doesn't mean that the person is not eligible for benefits. Former veterans have one year to appeal the decision if it is not favorable.
An experienced veterans disability attorney can help a vet determine which of the three appeals options is best for his situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can give a veteran an extra formal hearing before a Veterans Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim deserves. They also have a lot of experience in managing VA disability claims, and are familiar with the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique type of empathy that can improve the outcomes of a disability claim for veterans.
The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for no cost to determine if we are able to help you. Call us now to schedule an evaluation for free.