Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal against a claim that has been denied.
Choose a veterans disability attorney that is solely handling these cases and is aware of the VA's system inside and out. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be proved that your condition is related to your military service. This is referred to as nexus. There are different types of evidence that you can prove the connection, including medical records as well as independent medical examinations (IME), and the nexus letter from your current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and submit evidence that is backed up by experts who are impartial.
It is much easier to establish that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you suffered injuries in the military and you now suffer from headaches or concussions it is much easier to establish a direct connection to the service.
It is more difficult to be connected to the military if you suffered from an existing condition that deteriorated during your military service. To prove that your service aggravated or worsened a pre-existing condition, you'll need to provide expert medical evidence that is "clear and irrefutable".
Appealing a Denial
After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA usually issues a decision approving or denying benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three review options -- an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Take into consideration whether they can understand your military background and traditions of the armed forces. This can make it easier for you and lessen the requirement to explain your situation and experiences in layman's language.
You'll want a firm that will work on your case throughout the multi-year appeals process. Beware of companies that will only assist you with the initial stages of your claim, and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you to obtain benefits including monetary compensation, aid and attendance, education benefits or unemployment benefits.
How can I get a better rating
It is possible that your disability gets worse or your symptoms are more severe. It is logical in this situation to ask for a higher rating. A veterans disability lawyer can assist in that process, and can help you dig up evidence to support your request.
It's not common for the VA to make mistakes that result in an under-reported disability rating than you deserve. It's worth contacting an expert to examine your records for errors. They may have missed an injury or omitted the issue that could be added to another disability to get an increase in rating.
You may still submit a higher-level claim or review if you've been assessed for more than a calendar year. This could include a thorough review of your entire file, which could result in changes to your effective date as well as an updated rating that is more true to your personal feelings.
If you think you're worthy of a rating of 100 percent, or more, it's worth requesting a supplemental claim. A disability lawyer can assist you to create a compelling case for this rating which is reserved for the most debilitating of disabilities. For instance the mental health issue could be a reason to get an 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that don't normally trigger this type of rating for cardiovascular illness or other medical issues.
Getting help with the Appeals Process
Contrary to what many people believe, the denial of claims for disability by the VA is not the end of a person's chances to recover benefits. In fact, a former military member has a year from the date their local veterans hospital or office sends them a decision that is not favorable to file an appeal.
An experienced veterans disability lawyer can assist a veteran in determining which of the three appeals routes is the best option for their situation. They can also help
veterans put the evidence they need to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide
veterans disability attorneys with a formal hearing before a
veterans disability lawsuit Law Judge.
A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have a lot of experience dealing with VA disability claims, and they are aware of the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges disabled veterans face. This creates a unique type of empathy that can make a difference in the outcome of a veterans disability case.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to assist you. Call us today to schedule your free evaluation.