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Veterans Disability Lawyers

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

Choose a veteran disability lawyer that is solely 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 approve disability benefits if they can prove that the condition you suffer from is a result of your military service. This is called a linkage. There are various types of evidence you could prove 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 instances when veterans disability lawsuit have medically determinable disabilities, but cannot be considered service-connected due to incomplete or omitted records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and submit evidence backed by unbiased experts.

It is simpler to prove the direct connection between your service and injuries or illnesses that you sustained while in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions, there is a clear link between these events and the current condition you are suffering from.

However, it's more difficult to get connected if you suffer from an existing medical condition that got worse while in the military. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you'll need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denied Application

After submitting an application and providing medical evidence after which the VA will examine the case. The VA will typically issue a decision approving or denying benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three options for review which include the supplemental claim, the higher-level review or a direct appeal to the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer, be sure to consider whether they can understand your military experience and military's culture. This can make the process more enjoyable and less requiring you to explain your experiences and situations in layman's terms.

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

An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing, and also represent you in any Board meetings to ensure your case is handled in a fair manner. They can also assist you to claim benefits including monetary compensation, aid and attendance, educational benefits or unemployed benefits.

How can I get a better rating

There might come a time where your disability gets more severe or your symptoms become more complex or broader. It is logical in this case to request a higher rating. A veterans disability lawyer can assist you in this process, and they can assist you in finding evidence to back your request.

It's not uncommon to see the VA make mistakes, resulting in receiving a lower score than you deserve. If they overlook an injury you have or miss a condition that could be linked with other disabilities to receive higher ratings, it's worth having an expert review your records to spot any mistakes.

You can still file a higher-level claim or review if you have been assessed for more than a calendar year. This involves a thorough review of your file, and could result in changes to your effective date or an updated rating that is more in line with how you feel.

If you think you're worthy of an assessment of 100 percent, or higher, it's worth making a claim for supplemental benefits. A disability lawyer can help you build a strong case for this rating that is reserved for the most debilitating disabilities. For example the mental health issue might qualify you for an absolute disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization. These don't normally trigger such a rating for a cardiovascular condition or other medical problem.

Getting Help with the Appeals Process

Despite what some believe the denial of an appeal for disability by the VA isn't the end of a person's chances to recover benefits. In fact, a former servicemember can wait one year from date the local veterans' hospital or office sends them an unfavorable determination to appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be most appropriate for their particular situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an additional formal hearing front of an Veterans Law judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim deserves. They also have years of experience dealing with VA disability claims and know the rules and procedures in and out. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates a unique type of empathy, which can help improve the outcome of a disability claim for veterans.

The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claims for free to determine if we can assist you. Contact us today to schedule your free evaluation.