Veterans Disability Lawyers
A veteran disability
lawyer can assist you throughout the entire claims process. From collecting medical and service proof to filing an appeal against a claim that has been denied.
Select a veteran disability lawyer who specializes in these types of cases and is familiar with the VA system. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be proved that your condition is directly related to your military service. This is known as a nexus. There are different types of evidence that you could use to show this connection, such as medical records or independent medical exams (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). There are times that veterans suffer from medically-determined disabilities, but cannot be service connected because of insufficient or missing documents. These cases require the help of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is supported by experts who are independent.
It is easier to prove a direct service connection if injuries or illnesses occurred during your time in the military. For instance, if you were struck in the head while serving and are now suffering headaches and concussions, there is a strong connection between the two events and the current condition you are suffering from.
However, it is harder to get connected if you suffer from an existing medical condition that got worse during your time in the military. In order to prove that your service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" proof.
Appealing to a Denial
After filing an application and providing medical evidence, the VA will review the case. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veterans disability lawyer can assist the claimant in navigating the three 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 Make sure you consider whether they can understand your military experience and military's culture. This can make it easier for you and lessen the need to describe your experiences and experiences in layman's language.
You should also find a firm who will remain on your case throughout the duration of the appeals process over a period of years. Be wary of companies that assist you in 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 and request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help you win your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.
How to get a higher rating
It is possible that your disability gets worse or your symptoms become more severe. In that case it is sensible to request an increase in your rating. A lawyer for veterans can help with that process, and can assist you in finding evidence to back your request.
It's not uncommon for the VA to make mistakes that result in being denied a disability rating lower than you're entitled. In the event that they fail to notice an injury or miss a condition that could be a combination of other disabilities to get an improved rating It's a good idea to have a professional look over your records to find any errors.
You are still able to file a higher-level claim and review if you've been evaluated for more than a calendar year. This involves a thorough review of your file, and could result in the change of 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 making a claim for supplemental benefits. A disability lawyer can help create a compelling case for this rating that is reserved for the most serious disabilities. A mental health problem, for example, may be a reason to get a 100 percent disability rating because it could affect your job or trigger frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or any other medical condition.
Assistance with the Appeals Process
Despite what some think that denial of an appeal for disability by the VA isn't the end of an individual's chances to get benefits. Former military personnel have a year to appeal a decision that is not favorable.
An experienced lawyer for
veterans disability attorneys can help a veteran decide which of the three pathways for appealing would be the best option for their situation. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was not correct. They may even be able to provide veterans with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have extensive experience dealing with VA disability claims and know the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates an unique type of empathy that can enhance the outcome of a veterans disability case.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claim for free to determine if we can help you. Contact us today to arrange your complimentary evaluation.