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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From collecting medical and service proof to filing an appeal against a denied claim.

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

Proving Service Connection

The VA will only approve disability benefits if they can prove that the condition is a result of your military service. This is called a nexus. There are various types of evidence that you could prove this connection, including medical records, independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). Sometimes Excelsior Springs Veterans Disability Law Firm have medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and present evidence that is backed by unbiased experts.

It is much easier to establish an immediate connection with your service to injuries or illnesses that you sustained while in the military. For instance, if you received a head injury during service and now suffer headaches and concussions, there is a clear link between the two events and the current condition you are suffering from.

However, it is harder to get connected if you suffer from a pre-existing medical condition that became worse while you were in the military. To show that your time in service caused or aggravated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and undisputed".

Appealing a Denial

The VA will review your application after you have submitted your application and submitted medical evidence. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A disability attorney for veterans can guide the claimant through the three review options - the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience and the culture of the armed services when selecting a New York veterans' disability lawyer. This can make it simpler for you to understand and reduce the necessity to explain your circumstances and experiences in layman's language.

You should also find a firm that will work on your case for the entire multi-year appeals process. Be wary about firms that assist you in the initial stages of your case, only to then go away.

A seasoned New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit 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 assist you to get your benefits, including monetary compensation, aid and attendance, education benefits or unemployability benefits.

How can I get a better rating

It may happen that your disability becomes worse or your symptoms are more severe. It is logical in this instance to seek an increase in rating. A veteran disability lawyer can help you in this process, and also help you gather evidence to back your claim.

It's not common for the VA to make mistakes that lead to a lower disability rating than you're entitled to. It's worth getting a professional to check your records for mistakes. They may have overlooked an injury or left out any issue that could have been added to another condition to get an improved rating.

You may still submit a higher-level claim or review if you've been evaluated for more than a calendar year. This includes a review of your entire file, which may result in changes to your effective date, as well as a new rating that is more corresponding to your feelings.

If you think you're worthy of a rating of 100 percent, or higher, consider requesting a supplemental claim. A disability lawyer can assist you in putting together an argument that supports this kind of rating, which is reserved for very serious disabilities. For example mental health issues might qualify you for an 100% disability rating because it can cause marked interference with employment or frequent periods of hospitalization, which don't typically trigger this kind of an assessment for a cardiovascular disease or other medical problems.

Helping with the Appeals Process

Contrary to what some believe contrary to what many may think, a VA denial of disability benefits does not mean that an individual is in no position to claim benefits. Former veterans have one year to appeal an outcome that is not favorable.

A skilled veteran disability lawyer can assist a veteran in determining which of the three current pathways for appealing would be best for their case. They can also assist a vet get the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They can provide a veteran an extra formal hearing before a pell city veterans disability lawsuit Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim needs. They also have extensive experience handling VA disability claims, and they understand the rules and procedure inside out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates an unique type of empathy that can make a difference in 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 today to arrange an appointment for a free evaluation.