Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal against a denied claim.
Choose a
veterans disability attorney who is specialized in handling these cases and 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 established that your condition is directly related to your military service. This is referred to as linkage. You can use a variety of evidence to prove the connection. This includes medical records, independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the case of mental health problems). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is supported by experts who are independent.
It is easier to prove direct service connection for injuries or illnesses that occurred while you were in the military. If you've been injured while in the military, and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.
However, it is more difficult to get connected if you have an existing medical condition that got worse while in the military. To prove that your service time aggravated or worsened a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".
Appealing a denied application
The VA will review your case after you have submitted your application and provided medical proof. It usually makes a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disparagement. A veterans disability lawyer can help the claimant navigate the three review options including an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer Take into consideration whether they can understand your military experience and the traditions of the armed forces. This can make it easier for you and lessen the necessity to explain your circumstances and experiences in layman's terms.
You'll want a firm that will work on your case throughout the long appeals process. Be wary of firms that only help you with the initial stages of your case, and then vanish.
A seasoned New York
veterans disability attorney will assist you with every stage of your claim including the appeals process. They can help you submit additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also assist you to obtain benefits like monetary compensation aid and attendance, educational benefits or unemployed benefits.
Receiving a Better Rating
There could be a point when your disability gets worse, or your symptoms get more difficult or wider. It is logical in this scenario to ask for an increase in rating. A veterans disability lawyer can help with that procedure, and assist you in locating evidence to support your request.
It's not common for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. It's worth getting an expert to examine your records for mistakes. They may have overlooked an injury or neglected to mention a problem which could be coupled with another disability to receive a higher rating.
You can still make a higher-level claim, or review if you've been assessed for more than a calendar year. This includes a review of your entire file which can result in modifications to the effective date of your claim and the creation of a new rating that is more precise to your personal feelings.
If you believe you're entitled to an assessment of 100 percent or more, it's worth seeking a supplemental claim. An attorney for disability can help you put together an argument that is convincing for this type of rating which is reserved only for difficult to treat disabilities. For example the mental health issue could qualify you for a 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that do not normally trigger this type of the rating for a heart disease or other medical problems.
Need help with the Appeals Process
Contrary to what many believe Contrary to what some may believe, a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. Former service members have a year to appeal a decision that is not favorable.
An experienced veterans disability lawyer can help a veteran decide which of the three current appeals routes is most suitable for their case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer the previous decision was not right. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim demands. They also have a lot of experience in handling VA disability claims, and they understand the rules and procedures inside out. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This creates a distinct type of empathy that may enhance the outcome of a veterans disability case.
The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims for free to determine whether we can assist you. Contact us today to arrange your free evaluation.