Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal on a denied claim, a veteran disability lawyer can help you through the entire claims process.

Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits when it can be confirmed that your illness is related to your military service. This is known as a nexus. There are different types of evidence that you can use to show this connection, such as medical records, independent medical examinations (IME) and the nexus letter from your current health professionals or therapists (especially for mental health conditions). There are occasions when veterans have medically determinable disabilities, but cannot be considered service connected due to missing or incomplete records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed by independent experts.

It is much easier to prove a direct connection when illnesses or injuries occurred while you served in the military. If you were injured in the military and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.

It is more difficult to be service-connected if you had an existing medical condition that was worsened during your military service. To prove that your service time has aggravated or exacerbated a pre-existing condition, you'll need to present medical evidence from an expert that is "clear and irrefutable".

Appealing an Denial

After filing an application and providing medical evidence The VA will review the application. The VA typically issues an approval or denial of benefits. If the decision is not favorable, the veteran has a year to submit a notice of disagreement. A veterans disability lawyer can help the claimant navigate the three options for review -- the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Be sure to think about whether they understand your military experience and army's culture. This can make the process more comfortable and less demanding for you to talk about your experiences and situations in plain language.

You should also choose a firm who will continue to work on your case for the entire appeals process of several years. Be wary about firms that assist you with the initial phases of your case and then disappear.

An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing and assist you at any Board meetings so that your case is handled in a fair manner. They can also help you claim benefits including monetary compensation, aid and attendance, educational benefits or unemployability benefits.

How can I get a better rating

It may happen that your disability gets more severe or your symptoms become more severe. In that situation it is sensible to ask for a higher rating. A veterans disability lawyer can help with that process, and help you dig up evidence to justify your request.

It's not common for the VA to make mistakes that result in a lower disability rating than you're entitled to. If they overlook an injury you've suffered or overlook a problem that could be linked with other disabilities to get an improved rating, it's worth having a professional look over your records to look for errors.

You may still make a higher-level claim, or review if you have been given a rating for more than one calendar year. These involve a full review of your dossier and may result in a change to your effective date or an entirely new rating that's more accurate to how you really feel.

It's also worth pursuing an additional 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 create a compelling case for this rating which is only available for the most debilitating disabilities. A mental health issue, for example, may make you eligible for a 100 percent disability rating because it can interfere with employment or cause frequent hospitalizations which do not normally trigger this level of a cardiovascular problem or other medical conditions.

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 an individual's chance to recover benefits. In fact, a former military member can wait one year from date their local veterans hospital or office sends them a decision that is not favorable to appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three current pathways for appealing would be most appropriate for their particular situation. They can also help a vet get the evidence together needed to convince a higher-level reviewer that their previous decision was not right. They may even be able to provide a veteran with a formal hearing before an Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim requires. They will also have extensive experience managing VA disability claims, and they understand the rules and procedure inside out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates an unique type of empathy, which can enhance the outcome of a veterans disability case.

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