Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the entire claims process.
Choose a veteran disability lawyer who focuses their practice on handling these cases and knows the VA system from head to toe. This will ensure your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be proved that your condition is connected to your military service. This is referred to as linkage. There are a variety of evidence that you could use to show this connection, such as medical records or independent medical exams (IME), and nexus letters from current health professionals or therapists (especially for mental health conditions). There are times when
veterans disability law firms suffer from medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present a complete claim and present evidence that is confirmed by experts who are independent.
It is easier to prove a direct service connection when injuries or illnesses were sustained while serving in the military. For instance, if you were hit in the head during your time in service and you are suffering headaches and concussions, there is a clear connection between these events and your current health condition.
However, it is more difficult to get connected if you suffer from a pre-existing medical condition that got worse while you were in the military. To prove that your service aggravated or made worse an existing illness You must present expert medical evidence that is at the level of "clear and unmistakable" proof.
Appealing a denied application
The VA will review your case after you have submitted your application and provided medical evidence. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three review options - an additional claim or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
When selecting when choosing a New York
veterans disability law firm disability lawyer Be sure to think about whether they can understand your military experience and the military's culture. This can make things easier for you and decrease the necessity to explain your circumstances and experiences in layman's.
You also need a company that will continue to work on your case throughout the entire multi-year appeals process. Beware of firms who only assist you with the first phases of your claim and then go away.
A seasoned New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also assist you to win your benefits, like monetary compensation, aid and attendance, education benefits or unemployment benefits.
Receiving a Better Rating
There might come a time that your disability becomes more severe, or your symptoms get more difficult or wider. In that case it is sensible to seek a higher rating. A veteran disability lawyer can help you in this process and help collect evidence to back your claim.
It's not common for the VA to make mistakes that result in an under-reported disability rating than you deserve. It's recommended to consult an expert to examine your records for any errors. They may have missed an injury or neglected to mention a problem which could be added to another disability to receive an even higher rating.
You can still file a higher-level claim or review if you have been assessed for more than a calendar year. This could include a thorough review of your entire dossier, which could result in changes to the effective date of your claim and a new rating that is more corresponding to what you feel.
If you believe that you are entitled to a rating of 100 percent or more, it's worth requesting a supplemental claim. A disability lawyer can assist you to make a convincing case for this rating which is only available for the most severe of disabilities. For instance an illness that is mental could be a reason to get an 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that do not typically trigger this kind of a rating for a cardiovascular condition or other medical problem.
Helping with the Appeals Process
Despite what some think, the denial of an appeal for disability by the VA is not the end of an individual's chance to recover benefits. Former service members have a year to appeal any decision that isn't favorable.
A skilled veterans disability lawyer can help a veteran decide which of the three appeals options is best for their case. They can also help a vet get the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They can give a veteran an extra formal hearing front of a Veterans Law judge.
A New York veteran disability lawyer will give you the individual attention that your claim needs. They also have extensive experience in handling VA disability claims, and they know the rules and procedures completely. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled
veterans disability law firm face. This can result in a unique type of empathy which can help improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claim for free to determine if we can assist you. Call us today to schedule an appointment for a free evaluation.