Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service proof to filing an appeal of a claim that has been denied.
Choose a
veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it is proved that your condition is connected to your military service. This is called a nexus. There are various types of evidence that you could prove the connection, such as medical records as well as independent medical examinations (IME) and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim and provide evidence that is backed by independent experts.
It is much easier to prove a direct connection if injuries or illnesses were sustained while serving in the military. For instance, if you were struck in the head in the course of your service and suffer headaches and concussions there is a clear link between the events that led to your current health condition.
However, it is more difficult to get service connected if you suffer from an existing medical condition that became worse when you were in the military. To prove that your service has aggravated or exacerbated a pre-existing medical condition, you'll need to present medical evidence that is "clear and irrefutable".
Appealing to a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision that either approves or denies benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can assist the claimant through the three decision review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they understand your military experience and the army's culture. This will make the process more relaxed and reduce the need for you to talk about your experiences and circumstances in plain English.
You want a company that will work on your case throughout the multi-year appeals procedure. Beware of firms that only assist you with the initial phases of your case and then disappear.
An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request an official hearing and represent you at any Board meetings so that your case will be dealt with in a fair and fair manner. They can also assist in obtaining you benefits, such as assistance, monetary compensations and attendance benefits, education benefits, or unemployedness.
How to get a higher rating
There might come a time where your disability gets more severe, or your symptoms get broader or more challenging. It makes sense in this case to request a higher rating. A lawyer for
veterans disability attorneys can assist with this process, and can assist you in locating evidence to justify your request.
It's not unusual to see the VA make mistakes, resulting in an under-rated rating than you deserve. It's recommended to consult a professional to check your records for any errors. They may have missed an injury or left out a problem which could be coupled with another disability to earn an increase in rating.
Even the fact that it's been more one year since you made your initial rating decision, you have the option of filing an additional review or claim. These can include a review of your entire record, that could lead to modifications to your effective date and a new rating that is more corresponding to your personal feelings.
If you believe that you are entitled to an assessment of 100 percent, or higher, consider applying for a supplemental claim. An attorney for disability can help you put together a compelling argument for this type of rating which is reserved only for severe disabilities. For instance an illness that is mental could qualify you for an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization. These don't normally trigger such an assessment for a cardiovascular disease or other medical issue.
Help with the Appeals Process
Contrary to what many people think, the denial of a disability claim by the VA is not the end of an individual's chances to get benefits. In fact, a former servicemember has a year from the date their local veterans hospital or office sends them a negative decision to file an appeal.
An experienced veterans disability attorney can assist a veteran to determine which of the current three pathways for appeal is best for his case. They can also assist with gathering the evidence required to convince a higher-level reviewer that the previous decision was not right. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have extensive experience handling VA disability claims, and they are aware of the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled
veterans disability lawsuit face. This creates a distinct type of empathy, which can make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Contact us now to schedule your free evaluation.