Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can help you through the entire claims process.
Choose a lawyer for veterans who is specialized in handling these cases and knows the VA's system inside and out. This will ensure that your case is given the attention it deserves.
Proving Service Connection
The VA will only offer disability benefits when it can be proven that your condition is connected to your military service. This is called a connection. There are various types of evidence you can prove the 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 suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is supported by unbiased experts.
It is much easier to establish a direct service connection if injuries or illnesses occurred while you were in the military. For instance, if you were hit in the head while serving and are now suffering from concussions and headaches, there is a direct link between those events and your current condition.
It is a lot more difficult to become connected to a service if you have an existing condition that deteriorated while you were in military service. To prove that your military service worsened or aggravated an existing condition it is necessary to provide expert medical evidence that rises to the level of "clear and undeniable" proof.
Appealing a Denied Application
After submitting an application and providing medical evidence after which the VA will review the case. It usually makes a decision that either approves or denies benefits. If the decision is not favorable the veteran has one year to make a notice of disagreement. A disability attorney for veterans can assist the claimant through the three decision review options - the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experience as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will make the process more relaxed and less demanding for you to talk about your experiences and situations in plain language.
You also want a firm that will work on your case throughout the duration of the appeals process over a period of years. Beware of
firms that only assist you in the first stages of your case, only to then go away.
An experienced New York
veterans disability attorneys' disability attorney can assist you through all stages of the claim including appeals. They can help you submit more medical evidence, ask for an official hearing and represent you in any Board meetings to ensure your case is handled in a fair and fair manner. They can also help you win you benefits such as cash compensations, aid or attendance benefits, educational benefits, or even unemployment.
How do I obtain a higher rating
There could be a point when your disability gets worse or your symptoms become more complicated or broad. In this case, it makes sense to seek a higher rating. A veteran disability lawyer can help you with this process, and also help you gather evidence to support your claim.
It's not unusual for the VA to make errors, which could result in being awarded a lower rating than what you deserve. It's recommended to consult an expert to review your records for any errors. They may have missed an injury or left out an issue that could be combined with another disability to receive an improved rating.
You are still able to file a higher-level claim and review if you've been given a rating for more than one calendar year. These can include a review of your entire file, which could result in modifications to your effective date as well as a new rating that is more corresponding to your personal feelings.
If you think you're worthy of a rating of 100 percent or more, it's worth applying for a supplemental claim. A disability lawyer can help you build a strong case for this rating, which is reserved only for the most debilitating of disabilities. For example an illness that is mental could qualify you for 100% disability ratings because it can cause marked interruption to work or periods of hospitalization that do not normally trigger this type of rating for cardiovascular condition or other medical problem.
Need Help with the Appeals Process
Contrary to what many believe the fact that contrary to what some may believe, a VA denial of disability benefits doesn't mean that an individual isn't eligible to receive benefits. In fact, a former veteran 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 attorney can help a vet determine which of the three pathways for appeal is the best option for his case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer the previous decision was not right. They can even provide veterans with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have extensive experience handling VA disability claims and are aware of the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans face. This creates a distinct type of empathy, which can improve the outcomes of a case involving a disabled veteran.
The team at Sullivan &Kehoe of experienced lawyers can evaluate your VA disability claims for no cost to determine if we are able to help you. Contact us now to schedule your free assessment.