Veterans Disability Lawyers

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

Choose a veteran disability attorney that specializes in these cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits when it can be confirmed that your illness is related to your military service. This is referred to as relationship. You can use different types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a an nexus note from current health care providers (especially in the cases of mental health issues). There are instances when veterans have medically determined disabilities, but cannot be considered service-connected due to insufficient or missing documents. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and present evidence that is confirmed by experts who are independent.

It is simpler to prove an immediate connection with your service to illnesses or injuries which occurred while in the military. If you have been injured in the military, and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

It is difficult to be connected to the military if you suffered from an existing condition that got worse during your military service. To prove that your service caused or aggravated a pre-existing condition, you will need to present medical evidence from an expert that is "clear and undisputed".

Appealing to a Denial

After submitting an application and submitting medical evidence, the VA will review the application. The VA will usually issue a decision approving or denying benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disparagement. A lawyer for veterans' disability can assist the applicant navigate the three review options which include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer, be sure to consider whether they are familiar with your military experiences and the traditions of the armed forces. This can make the process more relaxed and less demanding for you to talk about your experiences and situations in plain language.

You also want a firm who will continue to work on your case throughout the entire multi-year appeals process. Beware of firms that only help you with the initial 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 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 obtain benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.

Receiving a Better Rating

There may be a point where your disability gets more severe or your symptoms become more complicated or broad. In that situation, it makes sense to request an increase in your rating. A veteran disability lawyer can assist you in this process and assist you to gather evidence to back your claim.

It's not uncommon for the VA make mistakes, which can result in a lower rating than you deserve. Whether they accidentally miss an injury you have or overlook a problem that could be a combination of other disabilities to get a higher rating It's worthwhile to have a professional look over your records to spot any mistakes.

You may still submit a higher-level claim or review if you've been rated for more than a calendar year. These include a review of your entire file which may result in changes to your effective date and an updated rating that is more true to your feelings.

It's also worth seeking an additional claim or higher-level review if you believe you deserve a disability rating of 100 percent or more. A disability lawyer can assist you to develop a compelling argument for this rating which is reserved for the most debilitating disabilities. A mental health condition such as depression, for instance, could qualify you for a 100% rating of disability because it can hinder employment or trigger frequent hospitalizations that are not typically triggering this level of severity for a heart problem or any other medical condition.

Need Help with the Appeals Process

Despite what some people may think that denial of claims for disability by the VA is not the end of an individual's chance to get benefits. In fact, a former military member has a year from the date that their local veterans hospital or office sends them an unfavorable determination to file an appeal.

An experienced attorney for veterans can assist a veteran to determine which of the three appeals options would be best for his particular case. They can also assist wausau veterans disability lawyer in obtaining the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim demands. They are also likely to have a wealth of experience in handling VA disability claims, and they know the rules and procedures both inside and outside. In addition, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This can result in a unique type of empathy which can help improve the outcome of an appeal for veterans' disability.

Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Call us today to set up your free assessment.