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 against a denied claim, a veteran disability lawyer can help you throughout the entire claims process.

Choose a veterans disability attorney who is specialized in handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition you suffer from is linked to your military service. This is called a linkage. There are different types of evidence that you could use to show this connection, such as medical records and independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence backed by unbiased experts.

It is easier to prove a direct connection if injuries or illnesses occurred during your time in the military. If you were injured in the military, and now suffer from headaches or concussions, it's much easier to prove a direct service connection.

However, it's more difficult to get service connected if you have an existing medical condition that worsened during your time in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide expert medical evidence that is "clear and undeniable".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical evidence. The VA will typically issue a decision approving or denying benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A lawyer for veterans' disabilities can assist the claimant through the three possible review options which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experiences as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This can make the process more enjoyable and reduce the need for you to explain your experience and situations in plain language.

You'll want a firm that will be working on your case throughout the multi-year appeals process. Be wary of firms that only assist you in the initial stages of your claim, and then go away.

A seasoned New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you claim benefits including monetary compensation, aid and attendance, education benefits or unemployed benefits.

Receiving a Better Rating

There may come a time that your disability becomes more severe or your symptoms become more complicated or broad. It makes sense in this scenario to ask for a higher rating. A veteran disability lawyer can help you with this process and help you collect evidence to back your claim.

It's not common for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. If they overlook an injury that you suffer from or ignore a condition which could be linked to other disabilities to receive higher ratings, it's worth having an expert look over your records to spot any mistakes.

You may still file a higher-level claim and review if you have been assessed for more than a calendar year. These require a complete review of your dossier and may result in the change of your effective date or an entirely new rating that's more accurate to what you feel.

It's also worth looking into an additional claim or higher-level review if you're arguing that you are entitled to a disability rating that is 100 percent or more. A disability lawyer can assist you in putting together a compelling argument for this type of rating which is reserved for very severe disabilities. For instance mental health issues could qualify you for an absolute disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that don't normally trigger this type of the rating for a heart disease or other medical issue.

Getting Help with the Appeals Process

Contrary to what many people believe, the denial of an application for disability benefits by the VA is not the end of an individual's chances to collect benefits. Former service members have one year to appeal an outcome that is not favorable.

A skilled veterans disability legal disability attorney can assist a veteran to determine which of the three pathways for appeal would be the most appropriate for his particular case. They can also assist with gathering the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can provide a veteran an extra formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention your claim requires. They will also have extensive experience handling VA disability claims, and they are aware of the rules and procedure inside and out. Some attorneys are veterans disability lawsuit, so they know the challenges that disabled veterans disability lawsuit face. This creates a unique kind of empathy that can make a difference in the outcome of a disability claim for veterans disability settlement.

Sullivan & Kehoe can review your VA disability claim for Veterans Disability Lawyers no cost to determine if we can assist you. Call us today to set up an evaluation for free.