Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claim process.
Choose a veteran disability attorney that is experienced in these cases and is well-versed with the VA system. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition you are suffering from is a result of your military service. This is referred to as relationship. You can use a variety of evidence to prove this connection. This includes medical records, independent health exams (IME) or a an nexus note from current healthcare providers (especially in the cases of mental health issues). There are instances when veterans have medically determinable disabilities, but they cannot be considered service connected due to the absence of or insufficient documents. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence backed by impartial experts.
It is simpler to prove a direct connection when injuries or illnesses occurred while you were in the military. If you were injured in the military, and now suffer from headaches or concussions, it's much easier to prove a direct service connection.
However, it's harder to get connected if you have a pre-existing medical condition that became worse while you were in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you will need to provide medical evidence from a professional that is "clear and undisputed".
Appealing a denied application
After filing an application and providing medical evidence The VA will examine the case. The VA typically issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A veterans disability lawyer can assist the claimant through the three review options -- an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York
veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and military's culture. This will make it easier for you and reduce the necessity to explain your circumstances and experiences in layman's terms.
You need a firm that will be working on your case throughout the lengthy appeals process. Be wary about firms that assist you in the first stages of your case, only to then disappear.
An experienced 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 or request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist in obtaining you benefits such as assistance, monetary compensations and attendance benefits, education benefits, or unemployment.
Achieving a Higher Rating
There might come a time when your disability gets worse or your symptoms become more difficult or wider. In such a case it's logical to request a higher rating. A veterans disability lawyer can help with that process, and they can help you dig up evidence to back your request.
It's not uncommon for the VA make mistakes, resulting in a lower rating than you deserve. If they miss an injury you've suffered or miss a condition that could be combined with other disabilities to receive an increase in rating, it's worth having an expert look over your records to find any errors.
You are still able to make a higher-level claim, or review if you've been given a rating for more than one calendar year. This includes a review of your entire record, which could result in changes to your effective date as well as a new rating that is more corresponding to what you feel.
It's also worth looking into an additional claim or a more thorough review if you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help create a compelling case for this rating which is only available for the most severe of disabilities. For example the mental health issue could qualify you for 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization that don't normally trigger such a rating for a cardiovascular condition or other medical problem.
Need help with the Appeals Process
Contrary what some believe contrary to what many may think, an VA denial of disability benefits does not mean that an individual isn't eligible to receive benefits. In fact, a former soldier is given one year from the date that the local veteran's hospital or office sends them an unfavorable determination to appeal.
An experienced
veterans disability lawyer can assist a veteran to determine which of the three current appeals routes is most suitable for their case. They can also assist with gathering the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even provide veterans with a more formal hearing before an Veterans Law Judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim demands. They are also likely to have years of experience handling VA disability claims and know the rules and procedures from top to bottom. Additionally, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans have to face. This creates a unique type of empathy that can make a difference in the outcome of a
veterans disability case.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to set up your free assessment.