Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From gathering medical and service evidence to filing an appeal against a denied claim.
Choose a veteran disability lawyer who focuses their practice on dealing with these cases, and who knows the VA's system inside out. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition you have is linked to your military service. This is called a linkage. There are many types of evidence that you can use to show this connection, including medical records and independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health conditions). There are instances when
veterans disability lawyer have medically determinable disabilities, but cannot be considered to be service-connected due the absence of or insufficient documents. These cases require the assistance of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is confirmed by independent experts.
It is easier to prove that there is a direct connection to your service for illnesses or injuries which occurred while in the military. If you suffered injuries during your military service and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.
It is more difficult to be connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".
Appealing a Denial
After submitting an application and submitting medical evidence The VA will examine the case. It usually issues a ruling which either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disparagement. A lawyer for veterans' disability can assist the applicant navigate the three review options -- the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
When choosing the right New York
veterans disability lawyer Take into consideration whether they understand your military background and army's culture. This can make things easier for you to understand and reduce the need to describe your experiences and experiences in a layman's way.
You should also choose a firm that will work on your case for the entire duration of your appeal. Beware of
firms that only assist you in the initial phases of your case and then vanish.
An experienced New York veterans' disability attorney can assist you through every stage of your claim, including appeals. They can assist you in submitting more medical evidence, ask for an official hearing and represent you in any Board meetings so that your case will be handled fairly. They can also help you win you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployedness.
Earning a higher rating
There may be a point when your disability becomes more serious or your symptoms become more difficult or wider. In this case, it makes sense to request a higher rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to back your claim.
It's not unusual for the VA to make mistakes that result in an under-rated rating than you deserve. If they overlook an injury or overlook a problem that could be combined with other disabilities in order to get higher ratings It's a good idea to have an expert review your records to find any mistakes.
You are still able to submit a higher-level claim or review if you have been evaluated for more than a calendar year. These include a review of your entire file, which may result in modifications to your effective date and a new rating more accurate to what you feel.
It's also worth looking into an additional claim or a more thorough review if you're arguing that you're entitled to a disability rate of 100 percent or more. A disability lawyer can help you put together an argument that is convincing for this type of rating that is reserved for those with serious disabilities. A mental health problem, for example, may allow you to receive a 100 percent disability rating, as it can hinder employment or result in frequent hospitalizations that are not typically triggering this level of severity for a heart problem or any other medical condition.
Getting help with the Appeals Process
Despite what some believe that denial of claims for disability by the VA is not the end of an individual's chances to receive benefits. Former service members have one year to appeal the decision if it is not favorable.
An experienced veteran disability attorney can assist a veteran to determine which of the current three appeal options is best for his particular case. They can also assist with gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can even provide veterans with a more formal hearing before an Veterans Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim requires. They also have a lot of experience in dealing with VA disability claims, and they are aware of the rules and procedure in detail. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans face. This creates a unique kind of empathy that can sometimes help improve the outcome of a disability claim for veterans.
The team at Sullivan &Kehoe of highly trained lawyers will review your VA disability claims free of charge to determine if we are able to help you. Call us now to schedule your free assessment.