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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the entire claims process.

Select a veteran disability attorney who limits their practice to dealing with these cases, and who knows 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 award disability benefits if it is established that your condition is linked to your military experience. This is known as a nexus. There are a variety of evidence that you can demonstrate this connection, including medical records as well as independent medical examinations (IME), and nexus letters from current health professionals 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 help of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence backed by unbiased experts.

It is much easier to prove the direct connection between your service and illnesses or injuries that you sustained while in the military. If you have been injured during your military service and now suffer from headaches and concussions, it is easier to prove a direct service connection.

However, it's harder to get connected if you have an existing medical condition that became worse while in the military. To prove that your service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that is at the level of "clear and unmistakable" proof.

Appealing an Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA will usually issue an opinion either approving or denial of benefits. If the decision is not favorable, the veteran is given a year to file a complaint. A lawyer for veterans' disability can assist the claimant through the three review options -- an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will make it easier for you and lessen the need to explain your situations and experiences in layman's language.

You'll want a firm that will handle your case throughout the multi-year appeals procedure. Be wary of companies that assist you with the initial phases of your case and then disappear.

A seasoned New York veterans disability attorney will assist you with every stage 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 fairly. They can also help you claim benefits including monetary compensation, aid and attendance, education benefits or unemployability benefits.

Getting a Higher Rating

It could be that your disability gets worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in your rating. A veteran disability lawyer can help you with this process and assist you to collect evidence to back your claim.

It's not unusual for the VA to make mistakes that result in receiving a lower score than you deserve. It's recommended to consult a professional to check your records for errors. They could have missed an injury or left out a problem which could be coupled with another disability to receive an improved rating.

Even even if it's been more than a year since your initial rating decision, you can file a higher-level review or supplemental claim. This involves a thorough review of your file. It could result in changes to your effective date or an entirely new rating that's more accurate to what you truly feel.

If you believe that you are entitled to an assessment of 100 percent or more, it's worth applying for a supplemental claim. A disability lawyer can help create a compelling case for this rating which is reserved for the most serious disabilities. For instance mental health issues could be a reason to get an 100% disability rating because it can cause marked interference with employment or frequent periods of hospitalization that do not normally trigger this type of the rating for a heart disease or other medical issue.

Need Help with the Appeals Process

Contrary what some believe contrary to what many may think, contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. Former veterans have one year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can assist a veteran in determining which of the three pathways for appealing would be the best option for their situation. They can also help with gathering the evidence required to convince a higher-level reviewer that the previous decision was not right. They can provide a veteran a more formal hearing in before an veterans disability attorneys 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 in handling VA disability claims and understand the rules and procedures from top to bottom. Some attorneys are veterans disability law firm, and therefore are aware of the difficulties that disabled veterans face. This creates an unique type of empathy that can make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims free of charge to determine if we are able to assist you. Contact us today to set up your free assessment.