Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal against a denied claim.
Select a veteran disability attorney who limits their practice to dealing with these cases and who is familiar with the VA system from head to toe. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits if it's confirmed that your illness is directly related to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). Sometimes,
veterans disability law firms suffer from medically-determinable disabilities but aren't able to get connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire case and submit evidence that is backed by independent experts.
It is easier to prove that there is a direct connection to your service for injuries or illnesses which occurred while in the military. For instance, if suffered head injuries during your time in service and you are suffering from concussions and headaches, there is a direct link between the two events and your current condition.
However, it's more difficult to get service connected if you have an existing medical condition that became worse when you were in the military. To prove that your service worsened or aggravated an existing illness, you must supply expert medical evidence that rises to the level of "clear and unmistakable" evidence.
Appealing to a Denial
The VA will review your application after you have submitted your application and submitted medical evidence. The VA will typically issue a decision approving or denying benefits. If the decision is not favorable, the veteran is given a year to file a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant through the three review options including a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and the traditions of the armed forces. This can make things easier for you and reduce the need to explain your situations and experiences in a layman's way.
You need a firm that will take on your case throughout the lengthy appeals procedure. Beware of companies that will only assist you with the initial stages of your claim and then go away.
An experienced New York
veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits, or unemployment benefits.
Receiving a Better Rating
It could happen that your disability gets worse or your symptoms get more severe. In that case it's logical to request a higher rating. A lawyer for veterans' disability can assist you in this procedure, and help you dig up evidence to justify your request.
It's not uncommon for the VA to make errors, which could result in receiving a lower score than you deserve. Whether they accidentally miss an injury that you suffer from or ignore a condition that could be combined with other disabilities in order to get an increase in rating it's important to have an expert review your records to find any mistakes.
Even if it's been more than one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These can include a review of your entire file which can result in modifications to the effective date of your claim and an updated rating that is more true to the feelings you have.
It's also advisable to file an additional claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or more. A disability lawyer can help you build a strong case for this rating that is reserved for the most debilitating disabilities. A mental health condition, for example, may allow you to receive a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations which do not normally trigger this level of severity for a heart issue or other medical condition.
Getting help with the Appeals Process
Contrary to what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits doesn't mean that an individual is not eligible for benefits. In fact, a former military member has a year from the date the local veterans' hospital or office sends them a decision that is not favorable to appeal.
An experienced lawyer for veterans can assist a veteran in determining which of the three ways to appeal is most suitable for their case. They can also help an individual vet put the evidence together needed to convince a higher level reviewer that their previous decision was not right. They can give a veteran a more formal hearing in front of an Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention you require for your claim. They also have extensive experience in dealing with VA disability claims, and they understand the rules and procedures inside and out. In addition, some attorneys are
Veterans Disability Law Firms themselves, which means they understand the issues disabled veterans have to face. This can create a distinct kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to schedule an evaluation for free.