Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to filing an appeal against a denied claim A veteran disability lawyer can assist you throughout the claims process.
Choose a veterans disability attorney who is specialized in dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits if they can prove that the condition you are suffering from is linked to your military service. This is known as a linkage. You can make use of various types of evidence to prove the connection. This includes medical records, independent health assessments (IME) or a the nexus letters from current health care providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but are not connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is supported by independent experts.
It is much easier to establish a direct connection if injuries or illnesses occurred while you were in the military. For instance, if you received a head injury during your time in service and you are suffering headaches and concussions, there is a strong connection between the events that led to your current condition.
It is difficult to be service-connected if there was an existing medical condition that was worsened during your military service. To show that your time in service caused or aggravated a pre-existing condition, you'll need to present medical evidence that is "clear and undeniable".
Appealing an Denial
After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA usually issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given a year to make a formal complaint. A veterans disability attorney can help the claimant navigate through the three review options: an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When deciding on when choosing a New York
veterans disability lawsuits disability lawyer Make sure you consider whether they have a good understanding of your military experience and the military's culture. This can make things easier for you and decrease the necessity to explain your circumstances and experiences in a layman's way.
You'll want a firm that will be working on your case through the lengthy appeals process. Beware of companies that will only help you with the initial stages of your claim and then go away.
A seasoned New York
veterans disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you get your benefits, such as monetary compensation, aid and attendance, education benefits, or unemployment benefits.
Getting a Higher Rating
It could happen that your disability gets worse or your symptoms get more severe. It makes sense in this case to request an increase in rating. A veteran disability lawyer can help you with this process and help gather evidence to prove your claim.
It's not unusual to see the VA make mistakes, which can result in a lower rating than you deserve. It's a good idea to hire an expert to look over your records for any errors. They might have missed an injury or missed an issue that could be coupled with another condition to get an increase in rating.
Even the fact that it's been more one year since the initial rating decision, you have the option of filing a higher-level review or supplemental claim. These can include a review of your entire dossier, which can result in modifications to your effective date, as well as a new rating that is more corresponding to your feelings.
It's also worth pursuing a supplemental claim or higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or more. A disability lawyer can help you create a convincing argument for this type of rating that is reserved for those with debilitating disabilities. A mental health condition for instance, might be a reason to get a 100 percent disability rating because it could hinder your employment or trigger frequent hospitalizations that would not normally trigger this level for a heart problem or other medical issues.
Need Help with the Appeals Process
Contrary to what some may think the denial of a disability claim by the VA is not the end of a person's chances to recover benefits. Former veterans have one year to appeal a decision that is not favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the three pathways for appeal is best for his case. They can also assist
veterans disability law firm in obtaining the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can also provide a veteran with an opportunity to have a formal hearing front of an Veterans Law judge.
The greatest benefit of having a New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim requires. They also have extensive experience managing VA disability claims, and they understand the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This can create a special kind of empathy that can help improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can help you. Contact us today to schedule an evaluation for free.