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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of the denial of your claim.

Choose a veterans disability attorney who focuses their practice on handling these cases and is aware of the VA's system inside out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be proven that your condition is linked to your military experience. This is referred to as a nexus. There are various types of evidence that you can demonstrate this connection, such as medical records as well as independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and submit evidence backed by impartial experts.

It is easier to establish a direct connection when illnesses or injuries occurred while you served in the military. For instance, if were struck in the head in the course of your service and suffer headaches and concussions there is a direct link between the two events and your current condition.

It is harder to get service-connected if there was an existing medical condition that was worsened while you were in military service. To prove that your service time has aggravated or exacerbated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undisputed".

Appealing to a Denial

After filing an application and submitting medical evidence The VA will review the application. It usually 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 Disparagement. A veterans disability lawyer can assist the claimant in navigating the three review options -- a supplemental claim, Veterans Disability higher-level review, or direct appeal to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experiences and the army's culture. This can make it simpler for you and reduce the need to explain your situations and experiences in layman's language.

You want a firm who will take on your case through the lengthy appeals procedure. Be wary about firms that assist you in the first stages of your claim and then vanish.

A seasoned New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also assist you to win your benefits, such as monetary compensation, aid and attendance, veterans disability educational benefits or unemployment benefits.

Receiving a Better Rating

There might come a time when your disability gets worse, or your symptoms get broader or more challenging. In this case, it makes sense to request an increase in your rating. A veterans disability lawyer can assist you in this process, and assist you in finding evidence to support your request.

It's not uncommon for the VA make mistakes, resulting in being awarded a lower rating than what you deserve. It's recommended to consult an expert to examine your records for any errors. They could have missed an injury or omitted the issue that could be in conjunction with another condition to get an increase in rating.

Even if it's been more than one year since you made your initial rating decision, you still can file an additional review or claim. This involves a thorough review of your file, and could result in changes to your effective date or an entirely new rating that's more in line with how you really feel.

It's also advisable to file a supplemental claim or higher-level review if you're entitled to a disability rate of 100 percent or higher. A disability lawyer can help you create a compelling case for this rating, which is reserved only for the most debilitating disabilities. For example, a mental health condition could qualify you for a 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization, which don't normally trigger this type of the rating for a heart disease or other medical issue.

Getting Help with the Appeals Process

Despite what some people may think that denial of claims for disability by the VA is not the end of an individual's ability to receive benefits. Former veterans have one year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can help a veteran decide which of the three current ways to appeal is most suitable for their case. They can also assist an individual vet put all the evidence required to convince a higher level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing front of an Veterans Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they can provide the personal attention your claim deserves. They also have years of experience dealing with VA disability claims and know the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This creates a distinct type of empathy that can sometimes enhance the outcome of a veterans disability case.

Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claim for free to determine if we are able to assist you. Contact us today to set up an evaluation for free.