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Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From assembling medical and service evidence to filing an appeal against an appeal denied.

Choose a veteran disability lawyer who specializes in these types of cases and is familiar with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits when it can be confirmed that your illness is directly related to your military service. This is known as a nexus. There are various types of evidence that you could demonstrate this connection, such as medical records as well as independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered service-connected due to the absence of or insufficient documents. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and submit evidence backed by unbiased experts.

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

However, it is more difficult to get service connected if you have an existing medical condition that got worse during your time in the military. To prove that your time in service has aggravated or worsened an existing illness you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical proof. The VA will usually issue an opinion either approving or denial of benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disparagement. A disability attorney for veterans disability lawyer can guide the claimant through the three review options - a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This will make the process more comfortable and less requiring you to explain your experiences and the circumstances in layman's terms.

You also need a company who will continue to work on your case throughout the entire duration of your appeal. Beware of firms that only help 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 additional medical evidence and request a formal hearing, and firms represent you at any Board meetings to ensure that your case is handled fairly. They can also help you claim benefits such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.

Getting a Higher Rating

There may come a time that your disability becomes more severe, or your symptoms get broader or more challenging. In such a case it's logical to ask for a higher rating. A veteran disability lawyer can help you with this process and help you gather evidence to back your claim.

It's not unusual to see the VA to make errors, which could result in receiving a lower score than you deserve. If they miss an injury you've suffered or overlook a problem which could be linked to other disabilities to receive an improved rating It's worthwhile to have a professional look over your records to find any mistakes.

You may still file a higher-level claim and review if you've been assessed for more than a calendar year. These are a thorough examination of your file, and could result in a change to your effective date or an updated rating that is more in line with how you really feel.

If you believe that you are entitled to a rating of 100 percent, or higher, it's worth making a claim for supplemental benefits. An attorney for disability can help you put together a compelling argument for this type of rating, which is reserved for extremely debilitating disabilities. A mental health problem for instance, might allow you to receive a 100 percent disability rating because it can interfere with employment or cause frequent hospitalizations which do not normally trigger this level of severity for a heart problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what many people think that 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 a year to appeal any decision that isn't favorable.

A skilled veterans disability attorney can assist a veteran to determine which of the three pathways for firms appeal would be best for his situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer their previous decision was wrong. They can give a veteran an additional formal hearing front of an Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim needs. They are also likely to have a wealth of experience in handling VA disability claims and are aware of the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans have to face. This can result in a unique kind of empathy that can help improve the outcome of the case of a disabled veteran.

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 your complimentary evaluation.