Veterans Disability LawyersA veteran disability lawyer can help you through the entire claims process. From gathering evidence of medical and other service to filing an appeal against a claim that has been denied.
Select a veteran disability attorney who specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits if it's proven that your condition is connected to your military service. This is called a connection. You can use a variety of evidence to prove the connection. This includes medical records, independent health exams (IME) or a an nexus note from current health care providers (especially in the cases of mental health issues). There are occasions when veterans have medically determined disabilities, but cannot be considered service-connected due to missing or incomplete records. These cases require the help of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence backed by impartial experts.
It is simpler to prove an immediate connection with your service to injuries or illnesses that you sustained while in the military. For instance, if you were struck in the head during your time in service and you are suffering headaches and concussions, there is a clear connection between the two events and your current condition.
It is 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 time in service has aggravated or worsened an existing condition You must present expert medical evidence that rises to the level of "clear and irrefutable" evidence.
Appealing to a Denial
After filing an application and submitting medical evidence, the VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A disability lawyer for veterans can help the claimant navigate the three options for review including an additional claim, a more extensive review, or a direct appeal to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience and the military's culture when selecting a New York veterans' disability lawyer. This can make the process more relaxed and less demanding for you to explain your experience and situations in layman's terms.
You also need a company who will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of companies that will only assist you with the initial stages of your claim and then vanish.
An experienced New York veterans' disability attorney can help you with all phases of the claim and 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 handled in a fair manner. They can also assist you in obtaining you benefits such as cash compensations, aid or attendance benefits, educational benefits, or unemployment.
How can you get a better rating
It could happen that your disability gets worse or your symptoms become more severe. It is logical in this scenario to ask for an increase in rating. A veteran disability lawyer can assist you in this process and assist you to gather evidence to support your claim.
It's not common for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. If they miss an injury you have or miss a condition that could be a combination of other disabilities in order to get a higher rating It's worthwhile to have an expert review your records to identify any errors.
You are still able to file a higher-level claim and review if you have been evaluated for more than a calendar year. These involve a full review of your file. It could result in an amendment to your effective date or an entirely new rating that's more in line with how you really feel.
If you think you're worthy of an assessment of 100 percent or higher, you should consider requesting a supplemental claim. A disability lawyer can assist you to build a strong case for this rating, which is reserved only for the most debilitating disabilities. For example, a mental health condition could qualify you for a 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization that don't typically trigger this kind of rating for cardiovascular disease or other medical problems.
Getting help with the Appeals Process
Contrary to what many believe Contrary to what some may believe, contrary to what some may believe, a VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. In fact, a former veteran has one year from the date that their local veterans hospital or office sends them an unfavorable determination to file an appeal.
A skilled
veterans disability lawyer can help a veteran decide which of the three current pathways for appealing would be most appropriate for their particular situation. They can also assist veterans gather the evidence together needed to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They also have years of experience dealing with VA disability claims and understand the rules and procedures in and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy, which can improve the outcomes of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Call us today to schedule your free assessment.