Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From collecting medical and service proof to submitting an appeal of a claim that has been denied.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system inside and out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits if it is established that your condition is related to your military service. This is called a nexus. There are a variety of evidence that you could prove this connection, including medical records and independent medical examinations (IME) and letters from current health professionals or therapists (especially for mental health issues). There are occasions when veterans have medically determinable disabilities, but they cannot be considered service connected due to missing or incomplete documents. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and submit evidence backed by impartial experts.

It is simpler to prove a direct connection when illnesses or injuries occurred during your time in the military. If you suffered injuries in the military and now suffer from headaches and concussions it is much easier to prove a direct service connection.

It is more difficult to be service-connected if you had an existing condition that deteriorated during your military service. In order to prove that your time in service has aggravated or worsened an existing medical condition You must present expert medical evidence that is at the level of "clear and irrefutable" evidence.

Appealing a Denial

After filing an application and providing medical evidence after which the VA will examine the case. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability attorney can guide the claimant through the three 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 experience and the military's culture when selecting the New York veterans' disability lawyer. This can make the process more relaxed and reduce the need for you to explain your experience and situations in layman's terms.

You need a firm that will handle your case through the lengthy appeals procedure. Beware of firms that only assist you with the initial phases of your case and then disappear.

A seasoned 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 your case is handled in a fair manner. They can also assist you in obtaining you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployability.

Earning a higher rating

It could be that your disability becomes worse or your symptoms become more severe. It is logical in this scenario to ask for an increase in your rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to support your claim.

It's not uncommon for the VA to make mistakes that lead to a lower disability rating than you're entitled. It's worth contacting an expert to review your records for mistakes. They could have missed an injury or left out an issue that could be coupled with another disability to get an improved rating.

Even the fact that it's been more a year since your initial rating decision, you can file a higher-level review or supplemental claim. These can include a review of your entire file, which can result in modifications to your effective date and a new rating more accurate to your personal feelings.

If you believe that you are entitled to an assessment of 100 percent or higher, it's worth seeking a supplemental claim. A disability lawyer can help make a convincing case for this rating which is only available for the most debilitating of disabilities. For example mental health issues might qualify you for an 100% disability rating because it can cause marked interference with employment or frequent periods of hospitalization that don't usually trigger this level of an assessment for a cardiovascular disease or other medical issue.

Need Help with the Appeals Process

Contrary to what some believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person is not eligible for benefits. Former service members have one year to appeal a decision that is not favorable.

A skilled veterans disability lawyer can help a veteran decide which of the three appeals options is most suitable for their case. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can even provide bath veterans disability attorney with a more formal hearing before an Veterans Law Judge.

The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they are able to provide the personalized attention your claim deserves. They also have a lot of experience handling VA disability claims, and they know the rules and procedure inside out. Some attorneys are sanibel veterans disability lawsuit, and therefore are aware of the difficulties that disabled veterans face. This creates a distinct type of empathy that can improve the outcomes of a case involving a disabled veteran.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claim for free to determine if we are able to assist you. Contact us today to arrange an evaluation for free.