Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From collecting medical and service proof to filing an appeal against the denial of your claim.
Select a veteran disability lawyer that specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be established that your condition is linked to your military experience. This is called a nexus. There are a variety of evidence that you could prove this connection, such as medical records or independent medical exams (IME) and letters from current health professionals or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence backed by unbiased experts.
It is simpler to establish a direct connection when illnesses or injuries occurred while you were in the military. If you have been injured during your military service and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.
It is a lot more difficult to become connected to a service if you have an existing condition that deteriorated during your military service. To prove that your time in service aggravated or made worse an existing condition it is necessary to provide expert medical evidence that rises to the level of "clear and irrefutable" proof.
Appealing to a Denial
The VA will review your case after you have submitted your application and provided evidence of medical necessity. 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 veterans disability lawyer can help the claimant navigate the three possible review options -- a supplemental claim, higher-level review or a direct appeal to the Board of Veterans' Appeals.
When selecting a New York veterans disability lawyer Take into consideration whether they can understand your military background and culture of the armed forces. This can make the process more relaxed and reduce the need for you to talk about your experiences and circumstances in plain English.
You should also find a firm who will remain on your case for the entire appeals process of several years. Beware of firms that assist you with the first stages of your claim, and then vanish.
An experienced 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, request an official hearing, and also represent you in any Board sessions to ensure that your case will be dealt with fairly. They can also assist you to get your benefits, like monetary compensation, aid and attendance, education benefits, or unemployment benefits.
How do I obtain a higher rating
It may happen that your disability becomes more severe or your symptoms become more severe. It is logical in this situation to ask for an increase in your rating. A veterans disability lawyer can assist you in this process, and they can assist you in finding evidence to support your request.
It's not uncommon for the VA to make mistakes that result in an lower disability rating than you deserve. It's worth getting an expert to examine your records for any errors. They could have missed an injury or neglected to mention a problem which could be combined with another disability to receive an improved rating.
Even the fact that it's been more one year since your initial rating decision, you can file an additional review or claim. This could include a thorough review of your entire dossier, which may result in changes to the effective date of your claim and an updated rating that is more true to your personal feelings.
It's also worth pursuing an additional claim or a higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can assist you to create a compelling case for this rating, which is reserved only for the most severe of disabilities. For example the mental health issue could be a reason to get 100% disability ratings due to the fact that it causes significant disruption to your work or frequent periods of hospitalization that do not normally trigger such the rating for a heart disease or other medical issue.
Helping with the Appeals Process
Contrary to what some may believe, an VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. Former service members have a year to appeal any decision that isn't favorable.
An experienced
veterans disability lawyer can assist a veteran in determining which of the three current appeals routes is most appropriate for their particular situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can even provide veterans with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They are also likely to have a wealth of experience in dealing with VA disability claims and are aware of the rules and procedures in and out. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique kind of empathy that can help improve the outcome of a
veterans disability attorney disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us today to schedule an evaluation for free.