veterans disability law firms Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.
Choose a veterans disability attorney who focuses their practice on handling these cases and knows the VA's system from top to bottom. This will ensure your case is given the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if it is proven that your condition is directly related to your military service. This is known as a connection. There are different types of evidence that you can use to show this connection, such as medical records, independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are instances when veterans have medically determined disabilities, but cannot be considered service-connected due to the absence of or insufficient documents. These cases require the help of skilled New York disability lawyers who know how to make an entire claim and provide evidence that is backed by experts who are impartial.
It is much easier to prove direct service connection for illnesses or injuries that occurred while in the military. For instance, if you were struck in the head while serving and are now suffering headaches and concussions there is a direct link between these events and
Veterans disability lawyer the current condition you are suffering from.
However, it is more difficult to get service connected if you have an existing medical condition that got worse while in the military. In order to prove that your service has aggravated or worsened an existing illness, you must supply expert medical evidence that is at the level of "clear and undeniable" evidence.
Appealing a Denied Application
After filing an application and submitting medical evidence The VA will review the application. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran has a year to file a complaint. A veteran's disability attorney can guide the claimant through the three review options - an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.
When choosing when choosing a New York
veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and the traditions of the armed forces. This can make it easier for you and lessen the need to explain your situations and experiences in layman's.
You want a company that will work on your case through the lengthy appeals process. Be wary about firms that assist you in the first phases of your case and then vanish.
A seasoned New York veterans' disability attorney can assist you through all phases of the claim including appeals. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist you in obtaining you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployability.
How to get a higher rating
It is possible that your disability gets worse or your symptoms become more severe. In this case it is sensible to request a higher rating. A lawyer for veterans' disability can assist in that procedure, and help you find evidence to prove your claim.
It's not unusual to see the VA make mistakes, which can result in an under-rated rating than you deserve. If they overlook an injury you've suffered or ignore a condition that could be linked with other disabilities to earn an improved rating it's important to have an expert look over your records to spot any mistakes.
Even the fact that it's been more a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These are a thorough examination of your file. It could result in an amendment to your effective date or an entirely new rating that's more accurate to how you truly feel.
If you believe that you are entitled to a rating of 100 percent or higher, consider seeking a supplemental claim. A disability lawyer can help you develop a compelling argument for this type of rating, which is reserved only for debilitating disabilities. For instance the mental health issue could be a reason to get a 100% disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that do not normally trigger such a rating for
veterans disability Lawyer a cardiovascular disease or other medical problems.
Need Help with the Appeals Process
Contrary to what some believe Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former soldier has one year from the date their local veterans hospital or office mails them an unfavorable determination to file an appeal.
A skilled veterans disability lawyer can assist a veteran in determining which of the three current pathways for appealing would be the best option for their situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer their previous decision was not correct. They may also give a veteran an extra formal hearing before an Veterans Law judge.
A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have years of experience dealing with VA disability claims and understand the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the issues disabled veterans face. This creates an unique type of empathy that can sometimes improve the outcomes of a disability claim for veterans.
Sullivan & Kehoe's team of highly trained lawyers can review your VA disability claims free of charge to determine if we are able to help you. Call us today to arrange your free assessment.