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Veterans Disability Lawyers

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

Choose a veteran disability attorney who is specialized in these cases and is well-versed with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits if you prove that the condition you suffer from is linked to your military service. This is known as a nexus. There are different types of evidence that you could prove the connection, including medical records or independent medical exams (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence backed by unbiased experts.

It is simpler to prove the direct connection between your service and illnesses or injuries which occurred while in the military. For example, if you were struck in the head while serving and are now suffering headaches and concussions there is a clear connection between the events that led to your current health condition.

However, it's harder to get connected if you have an existing medical condition that got worse when you were 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 present medical evidence from an expert that is "clear and undeniable".

Appealing an Denial

The VA will review your case after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can help the claimant navigate through the three review options - an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experience and traditions of the armed forces. This will make the process more enjoyable and eliminate the need for you to explain your experiences and situations in plain language.

You'll want a firm that will be working on your case throughout the long appeals process. Be wary about firms that assist you in the first stages of your claim and then disappear.

An experienced New York veterans' disability lawyer can assist you in all stages of the claim, including appeals. They can help you submit more medical evidence, ask for an official hearing and represent you at any Board sessions to ensure that your case will be dealt with in a fair and fair manner. They can also assist in obtaining you benefits, such as assistance, monetary compensations and attendance benefits, educational benefits, or even unemployment.

Getting a Higher Rating

There could be a point that your disability becomes more severe or your symptoms become more complex or broader. It makes sense in this scenario to ask for an increase in the rating. A veterans disability law firms disability lawyer can assist with this process, and help you find evidence to support your request.

It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. It's worth contacting a professional to check your records for errors. They could have missed an injury or missed an issue that could be added to another condition to get an even higher rating.

You are still able to file a higher-level claim or review if you've been assessed for more than a calendar year. These include a review of your entire record, which may result in modifications to your effective date as well as the creation of a new rating that is more precise to your feelings.

It's also worth seeking an additional claim or higher-level review if you're arguing that you're entitled to a disability grade that is 100 percent or more. A disability lawyer can help you build a strong case for this rating which is reserved for the most debilitating of disabilities. A mental health issue such as depression, for instance, could qualify you for a 100 percent disability rating, as it could affect your job or result in frequent hospitalizations that would not normally trigger this level for a heart problem or other medical issues.

Assistance with the Appeals Process

Contrary what some believe contrary to what many may think, an VA denial of disability benefits doesn't mean that a person isn't eligible to receive benefits. Former military personnel have a year to appeal any decision that isn't favorable.

An experienced attorney for veterans can assist a vet in determining which of the current three appeals options would be best for his particular case. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer the previous decision was not right. They can even provide veterans with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have a wealth of experience managing VA disability claims, and they are aware of the rules and procedure completely. Additionally, some lawyers are veterans themselves, which means that they understand the challenges disabled veterans face. This can result in a unique type of empathy which can improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Contact us now to schedule an evaluation for free.