Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal of a denied claim.
Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA system from head to toe. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it is proved that your condition is connected to your military service. This is referred to as a nexus. There are many types of evidence to prove this connection. These include medical records, independent health exams (IME) or a an nexus letter from your current health care providers (especially in the situation of mental health conditions). There are instances where veterans are diagnosed with medical disabilities, but are unable to be considered to be service-connected due missing or incomplete records. These cases require the help of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is supported by experts who are impartial.
It is easier to establish a direct connection when illnesses or injuries occurred during your time in the military. For instance, if were hit in the head during your time in service and you are suffering headaches and concussions there is a strong connection between those events and your current health condition.
However, it's harder to get connected if you have a pre-existing medical condition that got worse while you were in the military. In order to prove that your service aggravated or made worse a pre-existing illness You must present expert medical evidence that is at the level of "clear and undeniable" proof.
Appealing an Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA typically issues an approval or denial of benefits. If the decision is not favorable, the veteran is given one year to make a formal complaint. A
veterans disability lawyer can help the claimant navigate the three possible review options that include an additional claim, a 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 culture of the armed forces. This will make it easier for you and decrease the need to describe your experiences and experiences in layman's terms.
You want a firm who will take on your case throughout the multi-year appeals procedure. Beware of firms who only assist you with the initial stages of your claim and then go away.
An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also assist in obtaining you benefits such as financial compensations, aid and attendance benefits, educational benefits, or unemployment.
How can I get a better rating
It may happen that your disability becomes worse or your symptoms become more severe. In that situation it's sensible to request a higher rating. A
veterans disability lawsuits disability lawyer can assist with this process, and they can help you dig up evidence to back your request.
It's not uncommon to see the VA make mistakes, which can result in being awarded a lower rating than what you deserve. Whether they accidentally miss an injury you've suffered or miss a condition that could be a combination of other disabilities to earn an increase in rating It's worthwhile to have an expert review your records to find any errors.
Even the fact that it's been more one year since the initial rating decision, you still can file an additional review or claim. These can include a review of your entire file which may result in changes to your effective date as well as the creation of a new rating that is more precise to your feelings.
It's also worth looking into a supplemental claim or higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or greater. A disability lawyer can help you develop a compelling argument for this rating that is reserved for the most serious disabilities. For instance an illness that is mental could be a reason to get 100% disability ratings because it could cause significant disruption to your work or frequent periods of hospitalization. These don't normally trigger this type of the rating for a heart disease or other medical issue.
Helping with the Appeals Process
Contrary to what many people believe the denial of an application for disability benefits by the VA is not the end of a person's chances to recover benefits. In fact, a former military member has one year from the date their local veterans hospital or office mails them an unfavorable determination to file an appeal.
An experienced veterans disability lawyer can assist a veteran to determine which of the three ways to appeal is the best option for their situation. They can also help veterans put the evidence they need to convince a higher-level reviewer that their previous decision was not right. They may also give a veteran an additional formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have a lot of experience handling VA disability claims, and are familiar with the rules and procedures inside and out. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This creates a unique type of empathy that can sometimes help improve the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to assist you. Call us today to set up your free assessment.