Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to submitting an appeal of an appeal denied.
Choose a veterans disability attorney who is specialized in 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 award disability benefits if it is proved that your condition is connected to your military service. This is called a nexus. You can use a variety of evidence to prove this connection. These include medical records, independent health examinations (IME), or the nexus letters from current health care providers (especially in the cases of mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but they cannot be considered to be service-connected due missing or incomplete documents. These cases require the help of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence backed by impartial experts.
It is simpler to establish a direct connection when injuries or illnesses occurred while you were in the military. For example, if you were struck in the head while serving and are now suffering headaches and concussions, there is a direct link between these events and your current health condition.
However, it's more difficult to be connected if you have an existing medical condition that grew worse while in the military. To prove that your time in service aggravated or made worse a pre-existing illness You must present expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a Denied Application
The VA will review your application after you have submitted your application and submitted medical evidence. It usually makes a decision which either approves or denies benefits. If the decision is not in favor the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options including the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When deciding on a New York
veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and the army's culture. This can make it easier for you and lessen the requirement to explain your situation and experiences in layman's language.
You should also find a firm who will continue to work on your case for the entire appeals process of several years. Beware of firms who only assist you with the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win you benefits, such as monetary compensations, aid and attendance benefits, educational benefits, or even unemployment.
How to get a higher rating
It could happen that your disability gets worse or your symptoms get more severe. It makes sense in this scenario to ask for an increase in your rating. A veterans disability lawyer can assist with this process, and they can assist you in finding evidence to back your request.
It's not unusual 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 any errors. They may have overlooked an injury or missed an issue that could be added to another disability to get a higher rating.
You can still file a higher-level claim or review if you've been assessed for more than a calendar year. This could include a thorough review of your entire record, that could lead to changes to your effective date and a new rating that is more corresponding to the feelings you have.
If you believe you deserve an assessment of 100 percent or higher, consider making a claim for supplemental benefits. An attorney for disability can help you create a convincing argument for this type of rating, that is reserved for those with severe disabilities. A mental health issue like this one, for instance, may make you eligible for a 100 percent disability rating because it can interfere with employment or cause frequent hospitalizations which would not normally trigger this level for a heart issue or other medical condition.
Getting help with the Appeals Process
Despite what some people may believe that denying an appeal for disability by the VA is not the end of a person's chances to collect benefits. In fact, a former servicemember has one year from the date the local veterans' hospital or office sends them a negative decision to file an appeal.
An experienced
veterans disability lawyer can help a veteran decide which of the three current appeals options is the best option for their situation. They can also assist veterans put the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can even assist a veteran with a formal hearing before a Veterans Law Judge.
The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim deserves. They also have a wealth of experience in dealing with VA disability claims and understand the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a unique type of empathy that can sometimes make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Contact us today to arrange your complimentary evaluation.