Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the claims process. From gathering evidence of medical and other service to filing an appeal of an appeal denied.
Select a veteran disability attorney that is solely dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if you prove that the condition is linked to your military service. This is known as a nexus. You can use different types of evidence to prove the connection. This includes medical documents, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.
It is simpler to establish a direct connection when injuries or illnesses were sustained while serving in the military. If you were injured during your military service and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.
It is 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 time was a catalyst for the worsening or aggravation of a pre-exist medical condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing to a Denial
The VA will review your application after you have submitted your application and provided medical evidence. It usually issues a decision that either approves or denies benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A disability lawyer for veterans can assist the applicant navigate the three options for review -- a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.
When selecting the right New York
veterans disability law firms disability lawyer Be sure to think about whether they are familiar with your military experience and the traditions of the armed forces. This can make it simpler for you to understand and reduce the necessity to explain your circumstances and experiences in layman's terms.
You also need a company that will continue to work on your case throughout the entire appeals process of several years. Beware of firms who only assist you with the initial stages of your claim and then disappear.
An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, file an official hearing and represent you at any Board sessions to ensure that your case is handled in a fair manner. They can also assist in obtaining you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployability.
How can I get a better rating
There may be a point when your disability becomes more serious or your symptoms become more difficult or wider. In that case it's logical to ask for an increase in your rating. A veteran disability lawyer can help you in this process and assist you to collect evidence to support your claim.
It's not uncommon for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled to. In the event that they fail to notice an injury or ignore a condition which could be linked to other disabilities to get an improved rating It's worthwhile to have a professional look over your records to look for errors.
You can still make a higher-level claim, or review if you have been assessed for more than a calendar year. This includes a review of your entire record, which may result in changes to your effective date, as well as the creation of a new rating that is more precise to what you feel.
If you believe you deserve a rating of 100 percent or higher, you should consider making a claim for supplemental benefits. An attorney for disability can assist you in putting together a compelling argument for this type of rating, which is reserved for extremely difficult to treat disabilities. A mental health problem for instance, might qualify you for a 100 percentage disability rating since it could hinder your employment or cause frequent hospitalizations that would not normally trigger this level for a cardiovascular problem or other medical conditions.
Assistance with the Appeals Process
Despite what some think that denial of an application for disability benefits by the VA isn't the end of a person's chances to receive benefits. In fact, a former veteran is given one year from the date that the local veteran's hospital or office mails them a negative decision to appeal.
An experienced attorney for
veterans disability lawyer can help a vet determine which of the current three pathways for appeal would be the most appropriate for his particular case. They can also assist
veterans Disability law Firms in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They may even be able to provide a veteran with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer can provide you with the personal attention your claim requires. They also have a vast experience dealing with VA disability claims, and they know the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates a unique type of empathy that can enhance the outcome of a case involving a disabled veteran.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Call us today to set up your complimentary evaluation.