Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From gathering evidence of medical and other service to filing an appeal against the denial of your claim.

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 gets the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition is linked to your military service. This is known as a nexus. There are various types of evidence that you can demonstrate this connection, such as medical records and independent medical examinations (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to present a complete claim and present evidence that is supported by unbiased experts.

It is simpler to prove that there is a direct connection to your service for illnesses or veterans disability lawyer injuries which occurred while in the military. If you were injured in the military, and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.

However, it's harder to get connected if you have a pre-existing medical condition that got worse while in the military. To show that your time in service aggravated or worsened a pre-existing condition, you will need to present medical evidence that is "clear and irrefutable".

Appealing an Denial

After submitting an application and providing medical evidence, the VA will review the application. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has one year to make a formal complaint. A veterans disability attorney can help the claimant navigate through the three decision review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences and the tradition of the armed services when selecting the New York veterans' disability lawyer. This can make things easier for you and decrease the need to explain your situations and experiences in layman's language.

You want a firm who will be working on your case through the lengthy appeals procedure. Be wary of firms that assist you with the initial stages of your claim and then go away.

An experienced New York veterans' disability lawyer can assist you in all phases of the claim including appeals. They can help you submit more medical evidence, file an official hearing, and represent you at any Board meetings to ensure that your case will be handled without prejudice. They can also help win you benefits such as assistance, monetary compensations and education benefits, attendance benefits, or unemployment.

Earning a higher rating

There may come a time where your disability gets more severe, or your symptoms get broader or more challenging. It is logical in this instance to seek an increase in rating. A veterans disability lawyer (read full article) can help with that procedure, and assist you in locating evidence to prove your claim.

It's not uncommon to see the VA make mistakes, which can result in an under-rated rating than you deserve. It's recommended to consult an expert to review your records for any errors. They may have overlooked an injury or left out an issue that could be combined with another disability to earn an increase in rating.

Even the fact that it's been more one year since your initial rating decision, you still have the option of filing an additional review or claim. This involves a thorough review of your file, and could result in changes to your effective date or an updated rating that is more accurate to what you feel.

It's also worth seeking a supplemental claim or higher-level review if you're trying to argue that you deserve a disability rating that is 100 percent or more. A disability lawyer can assist you in putting together an argument that supports this type of rating, which is reserved for extremely difficult to treat disabilities. For instance mental health issues could be a reason to get a 100% disability rating because it could cause significant disruption to your work or frequent periods of hospitalization that do not normally trigger such an assessment for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Despite what some people may think that denying an application for disability benefits by the VA isn't the end of an individual's chances to collect benefits. Former service members have a year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran decide which of the three pathways for appealing would be the best option for their situation. They can also assist veterans in obtaining the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can even assist a veteran with a formal hearing before a veterans disability lawyer Law Judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They will also have extensive experience in dealing with VA disability claims, and they understand the rules and Veterans disability lawyer procedures inside and out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique kind of empathy that can enhance the outcome of a veterans disability case.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims for free to determine if we can assist you. Call us now to schedule your free evaluation.