Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal against an appeal denied.
Select a veteran disability attorney that is solely dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if you can prove that the condition 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 records, independent health assessments (IME) or a the nexus letters from current healthcare providers (especially in the cases of mental health issues). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is confirmed by experts who are impartial.
It is easier to prove a direct connection if injuries or illnesses were sustained while serving in the military. If you were injured during your military service and now suffer from headaches or concussions, it's much easier to prove a direct service connection.
It is a lot more difficult to become service-connected if there was a pre-existing condition that worsened during your military service. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to present medical evidence from an expert that is "clear and undeniable".
Appealing a Denial
The VA will review your application after you have submitted your application and provided medical proof. The VA usually issues the decision of approving or disapproving benefits. If the decision is not in favor the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the claimant through the three possible review options -- the supplemental claim, the higher-level review or a direct appeal to the Board of Veterans' Appeals.
When choosing the right New York
veterans disability lawyer Take into consideration whether they can understand your military experience and culture of the armed forces. This can make it simpler for you and lessen the need to describe your experiences and experiences in layman's terms.
You want a company that will take on your case throughout the multi-year appeals procedure. Beware of companies that will only assist you with the first stages of your claim and then disappear.
An experienced New York
veterans disability attorney can help you through all phases 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 claim benefits including monetary compensation, aid and attendance, educational benefits or unemployability benefits.
How can you get a better rating
There could be a point that your disability becomes more severe or your symptoms become more complex or broader. It makes sense in this situation to ask for an increase in your rating. A veterans disability lawyer can assist with this process, and they can help you dig up evidence to support your request.
It's not unusual to see the VA make mistakes, which can result in receiving a lower score than you deserve. If they overlook an injury that you suffer from or overlook a problem that could be linked with other disabilities to receive an improved rating, it's worth having an expert look over your records to identify any mistakes.
You are still able to submit a higher-level claim or review if you have been rated for more than a calendar year. These include a review of your entire dossier, that could lead to modifications to the effective date of your claim and the creation of a new rating that is more precise to your feelings.
It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. A disability lawyer can help you make a convincing case for this rating, which is reserved only for the most debilitating disabilities. A mental health condition such as depression, for instance, could qualify you 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 cardiovascular problem or any other medical condition.
Helping with the Appeals Process
Despite what some think that denial of an appeal for disability by the VA is not the end of an individual's chance to receive benefits. Former service members have one year to appeal the decision if it is not favorable.
An experienced
veterans disability lawyer can help a veteran decide which of the three current ways to appeal is the best option for their situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer the previous decision was not right. They can provide a veteran an additional formal hearing front of a Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim demands. They are also likely to have a vast experience dealing with VA disability claims and are aware of the rules and procedures both inside and outside. Some attorneys are veterans, so they know the challenges that disabled veterans face. This can result in a unique kind of empathy that can sometimes improve the outcome of the case of a disabled veteran.
The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claim for free to determine if we can assist you. Contact us today for your complimentary evaluation.