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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal of a denied claim.

Select a veteran disability lawyer who is specialized in these kinds of cases and is acquainted 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 if it is proven that your condition is directly related to your military service. This is referred to as a connection. There are a variety of evidence that you can prove this connection, including medical records as well as independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire claim and provide evidence backed by unbiased experts.

It is much easier to prove an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you suffered injuries during your military service and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

However, it is more difficult to get service connected if you have a pre-existing medical condition that grew worse when you were in the military. To prove that your service time aggravated or worsened a pre-existing health condition, you'll have to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. 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 assist the claimant in navigating the three possible review options that include an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

When choosing when choosing a New York veterans disability lawyer Make sure you consider whether they can understand your military background and military's culture. This can make it easier for you and reduce the need to explain your situations and experiences in layman's terms.

You need a firm that will handle your case throughout the multi-year appeals process. Be wary of firms that assist you in the initial stages of your claim, and then go away.

An experienced New York veterans' disability attorney can help you with every stage of your claim, including appeals. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also assist in obtaining you benefits such as assistance, monetary compensations and attendance benefits, education benefits, or unemployability.

Receiving a Better Rating

There could be a point when your disability becomes more serious, or your symptoms get more complex or broader. It is logical in this instance to seek an increase in the rating. A veterans disability lawyer can assist you in this process, and they can assist you in finding evidence to support your request.

It's not unusual for the VA to make mistakes that result in a lower rating than you deserve. If they overlook an injury that you suffer from or overlook a problem which could be linked to other disabilities in order to get higher ratings, it's worth having an expert look over your records to spot any errors.

You are still able to file a higher-level claim or review if you have been rated for more than a calendar year. These involve a full review of your file and can result in an amendment to your effective date or an updated rating that is more accurate to what you truly feel.

It's also worth seeking an additional claim or a higher-level review if you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help you develop a compelling argument for this rating that is reserved for the most severe of disabilities. For example mental health issues could qualify you for an 100% disability rating because it could cause significant interference with employment or frequent periods of hospitalization that don't normally trigger this type of an assessment for a cardiovascular illness or other medical issues.

Getting Help with the Appeals Process

Contrary to what many believe the fact that a VA denial of disability benefits does not mean that an individual is not eligible for benefits. Former service members have a year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three pathways for appealing would be best for their case. They can also assist veterans put all the evidence required to convince a higher-level reviewer that their previous decision was not right. They can give a veteran a more formal hearing in front of a Veterans Law judge.

The 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 deserves. They also have a wealth of experience in handling VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some lawyers are veterans themselves, which means they understand the challenges that disabled veterans face. This creates an unique type of empathy that can sometimes make a difference in the outcome of a disability claim for veterans.

The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims for free to determine whether we can assist you. Contact us today for an appointment for a free evaluation.