Veterans Disability LawyersA veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.
Choose a lawyer for veterans who limits their practice to handling these cases and is aware of the VA's system inside and out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits only if you prove that the condition is connected to your military service. This is referred to as a nexus. There are various types of evidence that you could prove this connection, including medical records as well as independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are times where veterans are diagnosed with medical disabilities, but are unable to be considered service connected due to insufficient or missing records. These cases require the help of experienced New York disability attorneys who know how to present an entire case and submit evidence backed by impartial experts.
It is much easier to prove a direct connection when illnesses or injuries were sustained while serving in the military. If you have been injured during your military service and now suffer from headaches and concussions, it is easier to prove a direct service connection.
However, it is more difficult to be connected if you have a pre-existing medical condition that became worse when you were in the military. To prove that your service time aggravated or worsened a pre-existing condition, you will need to provide expert medical evidence that is "clear and undeniable".
Appealing a Denied Application
After submitting an application and providing medical evidence after which the VA will review the case. The VA will usually issue a decision approving or denying benefits. If the decision is deemed unfavorable the veteran is given one year to make a notice of disagreement. A disability lawyer for veterans can assist the claimant in navigating the three options for review including an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York
veterans disability law firm disability lawyer Be sure to think about whether they can understand your military experiences and the army's culture. This can make things easier for you to understand and reduce the necessity to explain your circumstances and experiences in layman's language.
You also want a firm who will remain on your case throughout the entire multi-year appeals process. Be wary of companies that assist you in the first stages of your claim, and then vanish.
A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployment benefits.
How can you get a better rating
It is possible that your disability gets worse or your symptoms are more severe. In that case it's logical to ask for an increase in your rating. A veteran disability lawyer can help you in this process and assist you to gather evidence to prove your claim.
It's not uncommon to see the VA to make errors, which could result in an under-rated rating than you deserve. It's worth contacting an expert to review your records for mistakes. They may have overlooked an injury or omitted an issue that could be in conjunction with another disability to earn a higher rating.
You can still make a higher-level claim, or review if you have been given a rating for more than one calendar year. This includes a review of your entire record, which can result in changes to the effective date of your claim and an updated rating that is more true to the feelings you have.
If you believe you're entitled to a rating of 100 percent, or higher, you should consider applying for a supplemental claim. A disability lawyer can help create a compelling case for this rating, which is reserved only for the most debilitating disabilities. A mental health problem such as depression, for instance, could be a reason to get a 100 percentage disability rating since it could affect your job or result in frequent hospitalizations that do not normally trigger this level of severity for a heart problem or other medical conditions.
Need help with the Appeals Process
Contrary to what some may believe the denial of an appeal for disability by the VA is not the end of an individual's chances to recover benefits. Former service members have one year to appeal the decision if it is not favorable.
An experienced lawyer for veterans can assist a veteran to determine which of the three ways to appeal is the best option for their situation. They can also help a vet in gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can provide a veteran an additional formal hearing before an
veterans disability lawyer Law judge.
A New York veteran disability lawyer will give you the individual attention your claim requires. They also have a lot of experience in managing VA disability claims, and they know the rules and procedures completely. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates an unique type of empathy that can help improve the outcome of a veterans disability case.
Sullivan and Kehoe's team highly trained lawyers can review your VA disability claim for free to determine if we can assist you. Call us today to schedule your free evaluation.