Veterans Disability LawyersA veteran disability lawyer can help you throughout the claims process. From gathering evidence of medical and other service to submitting an appeal of a claim that has been denied.
Choose a veteran disability lawyer who is specialized in these cases and is familiar with the VA system. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only grant disability benefits when it can be proven that your condition is linked to your military experience. This is referred to as a connection. There are a variety of evidence that you could use to show this connection, including medical records as well as independent medical examinations (IME) and letters from current health professionals or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is supported by experts who are impartial.
It is easier to prove a direct service connection if injuries or illnesses occurred while you were in the military. For instance, if were struck in the head while serving and are now suffering headaches and concussions, there is a clear connection between these events and your current condition.
However, it is more difficult to get connected if you have an existing medical condition that grew worse when you were in the military. To prove that your military service worsened or aggravated an existing medical condition You must present expert medical evidence that rises to the level of "clear and undeniable" proof.
Appealing a Denied Application
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling which either approves or denies benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disagreement. A lawyer for
veterans disability lawyer' disability can assist the claimant through the three options for review -- the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.
Take note of whether the lawyer is familiar with your military experiences as well as the culture of the armed services when selecting a New York veterans' disability lawyer. This can make it easier for you and decrease the requirement to explain your situation and experiences in layman's.
You'll want a firm that will handle your case throughout the multi-year appeals process. Beware of firms who only assist you with the first stages of your claim and then go away.
A seasoned New York veterans 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 assist you at any Board meetings so that your case is handled without prejudice. They can also help win you benefits, such as assistance, monetary compensations and attendance benefits, education benefits, or unemployment.
Getting a Higher Rating
There could be a point that your disability becomes more severe, or your symptoms get more complicated or broad. It is logical in this situation to ask for an increase in your rating. A veteran disability lawyer can help you with this process, and also help you collect evidence to back your claim.
It's not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you deserve. It's recommended to consult a professional to check your records for errors. They could have missed an injury or missed a problem which could be added to another disability to earn a higher rating.
You can still file a higher-level claim and review if you have been given a rating for more than one calendar year. This could include a thorough review of your entire dossier, which could result in modifications to the effective date of your claim and a new rating that is more corresponding to your personal feelings.
It's also advisable to file an additional claim or a more thorough review if you're trying to argue that you are entitled to a disability rating that is 100 percent or more. An attorney for disability can help you put together a convincing argument for this kind of rating, which is reserved only for serious disabilities. A mental health problem, for example, may allow you to receive a 100 percentage disability rating since it can hinder employment or result in frequent hospitalizations that are not typically triggering this level for a heart problem or any other medical condition.
Assistance with the Appeals Process
Contrary to what many believe contrary to what many may think, the fact that a VA denial of disability benefits does not mean that a person has no chance of recovering benefits. Former veterans have one year to appeal an outcome that is not favorable.
An experienced lawyer for veterans can assist a veteran to determine which of the three ways to appeal is best for their case. They can also assist veterans in obtaining the evidence needed 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 a Veterans Law judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim deserves. They will also have extensive experience in handling VA disability claims, and are familiar with the rules and procedures inside and out. In addition, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans have to face. This can lead to a particular kind of empathy that can improve the outcome of the case of a disabled veteran.
Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims for no cost to determine if we are able to assist you. Call us today to arrange an evaluation for free.