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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to submitting an appeal of a claim that has been denied.

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

Proving Service Connection

The VA will only grant disability benefits if it is established that your condition is related to your military service. This is called a nexus. There are various types of evidence that you could use to show this connection, including medical records or independent medical exams (IME) and the nexus letter from your current healthcare providers or therapists (especially for mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but they cannot be service connected because of the absence of or insufficient records. These cases require the help of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is confirmed by independent experts.

It is simpler to prove direct service connection for injuries or illnesses which occurred while in the military. If you suffered injuries in the military, and now suffer from headaches and concussions, it's much easier to prove a direct service connection.

However, it is more difficult to get service connected if you suffer from an existing medical condition that grew worse when you were in the military. To prove that your time in service has aggravated or worsened an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" evidence.

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided medical evidence. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has a year to file a complaint. A veterans disability lawyer can assist the applicant navigate the three decision review options which include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability law firms disability lawyer Be sure to think about whether they have a good understanding of your military experiences and the traditions of the armed forces. This will help you feel more comfortable and reduce the need for you to explain your experience and situations in plain language.

You also need a company who will continue to work on your case throughout the entire appeals process of several years. Be wary about firms that assist you in the first phases of your case and then go away.

A seasoned New York veterans' disability attorney can assist you through all stages of the claim and appeals. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist in obtaining you benefits like financial compensations, aid and education benefits, attendance benefits, or unemployment.

How do I obtain a higher rating

It could be that your disability gets worse or your symptoms are more severe. In such a case, it makes sense to request a higher rating. A veteran disability lawyer can assist you with this process and assist you to collect evidence to prove your claim.

It's not unusual for the VA make mistakes, which can result in a lower rating than you deserve. In the event that they fail to notice an injury or miss a condition that could be a combination of other disabilities to earn an increase in rating It's a good idea to have a professional look over your records to look for errors.

You are still able to submit a higher-level claim or review if you've been given a rating for more than one calendar year. This involves a thorough review of your file and can result in changes to your effective date or an updated rating that is more in line with how you truly feel.

If you believe you deserve an assessment of 100 percent, or more, it's worth seeking a supplemental claim. A disability lawyer can help you make a convincing case for this rating which is reserved for the most severe of disabilities. A mental health problem like this one, for instance, may be a reason to get a 100 percent disability rating because it could affect your job or result in frequent hospitalizations that don't normally trigger this level of a cardiovascular issue or other medical condition.

Helping with the Appeals Process

Contrary to what many people think, the denial of an application for disability benefits by the VA isn't the end of an individual's chance to get benefits. In fact, a former veteran can wait one year from date the local veterans' hospital or office sends them a negative decision to appeal.

An experienced lawyer for veterans can assist a veteran in determining which of the three current appeals routes is best for their case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can even provide a veteran with a more formal hearing before a Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim needs. They also have years of experience handling VA disability claims and know the rules and procedures both inside and outside. Some lawyers are veterans, so they know the challenges that disabled veterans face. This creates an unique type of empathy that may help improve the outcome of a disability claim for veterans disability lawsuits.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Contact us today for your free assessment.