Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal for a denied claim, a veteran disability lawyer can help you throughout the entire claims process.
Choose a veterans disability attorney who limits their practice to handling these cases and 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 approve disability benefits if you can prove that the condition you are suffering from is a result of your military service. This is referred to as a nexus. There are different types of evidence that you can prove the connection, such as medical records and independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health issues). There are occasions where veterans are diagnosed with medical disabilities, but are unable to be considered service-connected due to incomplete or omitted records. These cases require the help of experienced New York disability attorneys who are able to present an entire case and submit evidence that is backed by independent experts.
It is much easier to prove a direct service connection if injuries or illnesses occurred while you were in the military. For example, if you were struck in the head during service and now suffer from concussions and headaches, there is a direct link between those events and your current health condition.
However, it's harder to get connected if you have a pre-existing medical condition that worsened during your time in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. It usually issues a decision which either approves or denies benefits. If the decision is not in favor the veteran is given one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three decision review options including the supplemental claim, the higher-level review or an appeal directly to the Board of
veterans disability lawsuit' Appeals.
When choosing when choosing a New York
veterans disability lawyer Take into consideration whether they can understand your military experience and the army's culture. This will make it easier for you and reduce the requirement to explain your situation and experiences in layman's language.
You should also find a firm who will continue to work on your case for the entire duration of your appeal. Beware of firms that assist you with the first stages of your case, and then disappear.
An experienced New York veterans disability attorney can help you through all phases 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, like monetary compensation aid and attendance, educational benefits or unemployability benefits.
How to get a higher rating
It could be that your disability becomes worse or your symptoms get more severe. In that situation it's sensible to ask for an increase in your rating. A veterans disability lawyer can assist you in this process, and assist you in locating evidence to back your request.
It's not unusual for the VA to make mistakes that result in an lower disability rating than you're entitled. Whether they accidentally miss an injury you've suffered or ignore a condition that could be a combination of other disabilities in order to get an increase in rating It's a good idea to have a professional look over your records to look for errors.
You can still file a higher-level claim and review if you have been given a rating for more than one calendar year. These require a complete review of your file. It could result in the change of your effective date or an updated rating that is more accurate to what you really feel.
It's also advisable to file an additional claim or a higher-level review if you're entitled to a disability grade of 100 percent or more. A disability lawyer can assist you to build a strong case for this rating which is reserved for the most debilitating of disabilities. For example mental health issues might qualify you for 100% disability ratings because it could cause significant interference with employment or frequent periods of hospitalization. These don't normally trigger this type of rating for cardiovascular condition or other medical problem.
Helping with the Appeals Process
Contrary to what many believe, an VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. Former veterans have one year to appeal an outcome that is not favorable.
An experienced veterans disability lawyer can help a veteran decide which of the three appeals routes is most appropriate for their particular situation. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can give a veteran an opportunity to have a formal hearing before an Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They are also likely to have extensive experience dealing with VA disability claims and understand the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates a unique kind of empathy, which can improve the outcomes of a
veterans disability lawsuits disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us now to schedule an evaluation for free.