Veterans Disability LawyersA veteran disability lawyer can help you throughout the entire claims process. From gathering evidence of medical and other service to submitting an appeal of an appeal denied.
Select a veteran disability attorney who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits only if you prove that the condition you are suffering from is connected to your military service. This is known as a nexus. You can use different types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or the nexus letters from current health care providers (especially in the situation of mental health conditions). There are instances when veterans have medically determined disabilities, but cannot be considered to be service-connected due the absence of or insufficient records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and provide evidence backed by unbiased experts.
It is simpler to prove a direct service connection when injuries or illnesses were sustained while serving in the military. If you were injured in the military and you now suffer from headaches and concussions it is much easier to prove a direct service connection.
However, it is more difficult to get service connected if you suffer from an existing medical condition that grew worse during your time in the military. To prove that your time in service worsened or aggravated a pre-existing illness, you must supply expert medical evidence that rises to the level of "clear and unmistakable" evidence.
Appealing a Denial
The VA will review your case after you have submitted your application and submitted medical evidence. The VA will usually issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A veteran's 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.
Consider whether the lawyer understands your military experiences as well as the military's culture when selecting a New York veterans' disability lawyer. This will help you feel more comfortable and less demanding for you to talk about your experiences and circumstances in plain English.
You'll want a firm that will handle your case through the lengthy appeals process. Beware of firms who only assist you in the initial stages of your claim, and then disappear.
An experienced New York
veterans disability law firm disability attorney can assist you in all stages 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 treated fairly. They can also help you win you benefits such as monetary compensations, aid and attendance benefits, education benefits, or even unemployment.
Receiving a Better Rating
There may be a point that your disability becomes more severe or your symptoms become more complex or broader. It is logical in this case to request an increase in your rating. A veteran disability lawyer can help you in this process and help collect evidence to prove your claim.
It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled to. If they overlook an injury or overlook a problem that could be combined with other disabilities to receive a higher rating, it's worth having a professional look over your records to spot any mistakes.
Even even if it's been more than a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your dossier and may result in changes to your effective date or an updated rating that is more in line with how you really feel.
It's also worth seeking a supplemental claim or higher-level review if you're arguing that you're entitled to a disability rate that is 100 percent or more. A disability lawyer can help you develop a compelling argument for this type of rating, that is reserved for those with difficult to treat disabilities. For example, a mental health condition could be a reason to get a 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that do not typically trigger this kind of rating for cardiovascular disease or other medical problems.
Getting Help with the Appeals Process
Contrary to what many believe the fact that a VA denial of disability benefits does not mean that the person isn't eligible to receive benefits. Former veterans have one year to appeal any decision that isn't favorable.
An experienced lawyer for veterans can help a veteran decide which of the three appeals options is most suitable for their case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.
The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim deserves. They also have extensive experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates an unique type of empathy, which can make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to arrange your complimentary evaluation.