Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to submitting an appeal of a denied claim.
Choose a veterans disability attorney who focuses their practice on dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you can prove that the condition you have is connected to your military service. This is known as a "nexus. You can make use of various types of evidence to prove this connection. These include medical records, independent health assessments (IME) or a an nexus letter from your current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from 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 lawyers who know how to present an entire claim and provide evidence that is confirmed by experts who are independent.
It is easier to prove direct service connection for injuries or illnesses that you sustained while in the military. If you've been injured while in the military and you now suffer from headaches or concussions, it's easier to prove a direct service connection.
However, it is harder to get connected if you suffer from a pre-existing medical condition that got worse during your time in the military. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist health condition, you'll have to provide expert medical evidence that is "clear and undisputed".
Appealing an Denial
After filing an application and submitting medical evidence The VA will review the case. It usually issues a ruling that either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disparagement. A
veterans disability lawsuits disability lawyer can assist the claimant through the three possible review options -- the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans' Appeals.
When choosing a New York veterans disability lawyer Be sure to think about whether they can understand your military background and army's culture. This can make the process more comfortable and less demanding for you to describe your experiences and circumstances in plain English.
You should also choose a firm that will work on your case for the entire duration of your appeal. Beware of companies that will only help you with the initial stages of your claim and then go away.
A seasoned New York
veterans disability attorneys disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit more medical evidence, ask for an official hearing, and represent you in any Board sessions to ensure that your case will be handled in a fair and fair manner. They can also help you win you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployability.
Getting a Higher Rating
There may come a time when your disability gets worse, or your symptoms get more difficult or wider. It makes sense in this case to request an increase in your rating. A
veterans disability lawyer can assist with this process, and can help you find evidence to support your request.
It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. It's worth contacting a professional to check your records for errors. They may have missed an injury or missed a problem which could be coupled with another condition to get an even higher rating.
You are still able to submit a higher-level claim or review if you've been assessed for more than a calendar year. This includes a review of your entire file which can result in changes to your effective date as well as a new rating more accurate to your feelings.
It's also worth seeking a supplemental claim or higher-level review if 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 of disabilities. A mental health condition like this one, for instance, may make you eligible for a 100 percent disability rating, as it can hinder employment or cause frequent hospitalizations which are not typically triggering this level of severity for a heart problem or other medical issues.
Getting Help with the Appeals Process
Contrary to what some believe the fact that an VA denial of disability benefits does not mean that the person is in no position to claim benefits. Former service members have one year to appeal a decision that is not favorable.
An experienced veterans disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be best for their case. They can also help veterans put all the evidence required to convince a higher level reviewer that their previous decision was not right. They can even assist veterans with a more formal hearing before an Veterans Law Judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim needs. They also have a lot of experience in handling VA disability claims, and they understand the rules and procedures completely. Some lawyers are veterans, and therefore know the challenges faced by disabled veterans. This creates a distinct type of empathy that can sometimes improve the outcomes of a veterans disability case.
Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for free to determine if we are able to assist you. Contact us today to schedule your free evaluation.