Veterans Disability LawyersA veteran disability lawyer can help you throughout the claims process. From gathering medical and service proof to filing an appeal against a denied claim,
Veterans disability attorney a veteran disability lawyer can assist you through the entire claims process.
Select a veteran disability lawyer who specializes in these cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition you are suffering from is linked to your military service. This is known as a relationship. You can use different types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected because of missing 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 easier to establish a direct service connection when illnesses or injuries occurred during your time in the military. If you've been injured while in the military and now suffer from headaches or concussions, it is easier to prove a direct service connection.
However, it's harder to get connected if you suffer from a pre-existing medical condition that became 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 reaches the level of "clear and unmistakable" proof.
Appealing a Denial
After submitting an application and submitting medical evidence, the VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a notice of disagreement. A disability attorney for veterans can help the claimant navigate through the three review options: either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.
When choosing the right New York
veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and the culture of the armed forces. This can make the process more comfortable and less requiring you to explain your experiences and situations in plain language.
You should also choose a firm who will remain on your case throughout the duration of the appeals process over a period of years. Be wary about firms that assist you in the first stages of your claim, and then go away.
A seasoned New York veterans' disability attorney can assist you at all phases of the claim including appeals. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure your case is handled fairly. They can also help win you benefits such as financial compensations, aid and attendance benefits, educational benefits, or unemployedness.
How can I get a better rating
There might come a time that your disability becomes more severe, or your symptoms get more complicated or broad. In this case it is sensible to ask for an increase in your rating. A veteran disability lawyer can help you in this process and help collect evidence to back your claim.
It's not uncommon to see the VA to make errors, which could result in receiving a lower score than you deserve. It's worth contacting a professional to check your records for mistakes. They might have missed an injury or omitted any issue that could have been coupled with another disability to get an even higher rating.
Even if it's been more than one year since your initial rating decision, you still can file an additional review or claim. This involves a thorough review of your file. It could result in the change of your effective date or a new rating that's more accurate to what you truly feel.
It's also worth looking into a supplemental claim or higher-level review if you're arguing that you're entitled to a disability grade of 100 percent or more. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most debilitating disabilities. A mental health problem like this one, for
Veterans Disability Attorney instance, may make you eligible for a 100 percent disability rating, as it could affect your job or trigger frequent hospitalizations that don't normally trigger this level for a cardiovascular issue or other medical condition.
Need Help with the Appeals Process
Contrary to what some may believe that denial of an appeal for disability by the VA is not the end of a person's chances to recover benefits. In fact, a former servicemember has one year from the date that the local veteran's hospital or office sends them a negative decision to file an appeal.
An experienced
veterans disability attorney can assist a vet in determining which of the three options for appeal would be the most appropriate for his situation. They can also help with gathering the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They may also give a veteran an opportunity to have a formal hearing before a Veterans Law judge.
The benefit of having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim requires. They also have a vast experience dealing with VA disability claims and know the rules and procedures inside and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates an unique type of empathy that may help improve the outcome of a disability claim for veterans.
Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims for no cost to determine whether we can assist you. Contact us today to set up your complimentary evaluation.