Veterans Disability Lawyers

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

Select a veteran disability attorney who limits their practice to dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure your case is given the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits when it can be proved that your condition is related to your military service. This is called a nexus. You can use different types of evidence to prove the connection. This includes medical records, independent health exams (IME), or an nexus note from current health care providers (especially in the situation of mental health conditions). There are occasions when veterans disability attorney have medically determined disabilities, but are unable to be considered service connected due to incomplete or omitted documents. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and submit evidence that is backed up by independent 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 suffered injuries in the military and you now suffer from headaches or concussions, it's easier to prove a direct service connection.

It is more difficult to be connected to the military if you suffered from an existing condition that got worse during your military service. To prove that your military service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that rises to the level of "clear and unmistakable" proof.

Appealing a Denial

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

Make sure the lawyer is knowledgeable of your military experiences and the military's culture when selecting the New York veterans' disability lawyer. This can make the process more enjoyable and less demanding for you to describe your experiences and situations in plain language.

You want a company that will handle your case throughout the multi-year appeals process. Beware of firms that only assist you in the initial phases of your case and then go away.

A seasoned New York veterans' disability attorney can assist you through all phases of the claim, including appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist in obtaining you benefits like assistance, monetary compensations and education benefits, attendance benefits, or unemployedness.

How can you get a better rating

There might come a time when your disability becomes more serious or your symptoms become broader or more challenging. It makes sense in this scenario to ask for a higher rating. A veterans disability lawyer can help with that process, and they can assist you in locating evidence to back your request.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you deserve. If they overlook an injury you have or ignore a condition that could be a combination of other disabilities in order to get an improved rating, it's worth having a professional look over your records to find any mistakes.

Even even if it's been more than a year since your initial rating decision, you still can file an additional review or claim. These include a review of your entire file that could lead to modifications to your effective date and the creation of a new rating that is more precise to your personal feelings.

If you believe you're entitled to a rating of 100 percent or more, it's worth requesting a supplemental claim. An attorney for disability can help you create a convincing argument for this kind of rating, that is reserved for those with severe disabilities. For instance the mental health issue could be a reason to get an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of an assessment for a cardiovascular condition or other medical problem.

Helping with the Appeals Process

Contrary to what many believe the fact that the fact that a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. In fact, a former military member is given one year from the date that the local veteran's hospital or office mails them a denial to file an appeal.

An experienced lawyer for veterans can assist a veteran to determine which of the three ways to appeal is best for their case. They can also assist veterans put all the evidence required to convince a higher-level reviewer that the previous decision was incorrect. They may also give a veteran an opportunity to have a formal hearing before an Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They are also likely to have a wealth of experience in handling VA disability claims and know the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans face. This can create a distinct kind of empathy that can improve the outcome of the case of a disabled veteran.

The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claim for free to determine if we can assist you. Contact us today for your complimentary evaluation.