Veterans Disability LawyersA veteran disability lawyer can assist you through the entire claim process. From assembling medical and service evidence to filing an appeal of the denial of your claim.
Select a veteran disability lawyer that specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits when it can be established that your condition is connected to your military service. This is known as a linkage. There are many types of evidence to prove the connection. These include medical records, independent health exams (IME), or an nexus letter from your current health care providers (especially in the case of mental health problems). There are instances when veterans have medically determinable disabilities, but are unable to be considered service-connected due to insufficient or missing records. These cases require the assistance of experienced New York disability lawyers who know how to present a complete claim and submit evidence that is confirmed by experts who are independent.
It is much easier to prove that there is a direct connection to your service for injuries or illnesses which occurred while in the military. If you have been injured 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 suffer from a pre-existing medical condition that became worse when you were in the military. To prove that your time in service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that rises to the level of "clear and irrefutable" evidence.
Appealing a Denied Application
The VA will review your case after you have submitted your application and provided medical proof. The VA usually issues the decision of approving or disapproving benefits. If the decision is deemed unfavorable the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant through the three decision review options which include the supplemental claim, the higher-level review or a direct appeal to the Board of Veterans' Appeals.
When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experience and the military's culture. This can make the process more relaxed and reduce the need for you to describe your experiences and the circumstances in layman's terms.
You also want a firm that will continue to work on your case throughout the entire multi-year appeals process. Be wary of firms that only help you with the initial stages of your claim, and then vanish.
A seasoned New York veterans' disability attorney can help you with all stages of the claim, including appeals. They can assist you in submitting 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 you to win your benefits, like monetary compensation aid and attendance, education benefits or unemployability benefits.
Achieving a Higher Rating
It could happen that your disability becomes worse or your symptoms get more severe. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can assist you in this process and help collect evidence to support your claim.
It's not uncommon to see the VA make mistakes, resulting in an under-rated rating than you deserve. In the event that they fail to notice an injury that you suffer from or ignore a condition that could be combined with other disabilities in order to get an increase in rating It's worthwhile to have a professional look over your records to find any errors.
Even even if it's been more than a year since your initial rating decision, you still have the option of filing an additional review or claim. These can include a review of your entire record, which can result in modifications to your effective date and an updated rating that is more true to your feelings.
If you believe that you are entitled to an assessment of 100 percent, or higher, it's worth making a claim for supplemental benefits. A disability lawyer can help you make a convincing case for this rating that is reserved for the most severe of disabilities. A mental health condition for instance, might qualify you for a 100% rating of disability because it could affect your job or cause frequent hospitalizations which don't normally trigger this level for a heart problem or any other medical condition.
Assistance with the Appeals Process
Contrary what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that an individual is not eligible for benefits. In fact, a former servicemember has a year from the date the local
veterans disability lawsuit' hospital or office sends them a negative decision to appeal.
An experienced veterans disability attorney can assist a veteran to determine which of the current three options for appeal would be best for his particular case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was wrong. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention to your claim that you require. They are also likely to have a wealth of experience in handling VA disability claims, and they know the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans face. This creates an unique type of empathy that can enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us today to arrange your free assessment.