Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal of a denied claim.

Choose a veteran disability lawyer that specializes in these cases and is well-versed with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it's proven that your condition is related to your military service. This is known as a nexus. There are many types of evidence to prove this connection. These include medical records, independent health examinations (IME), or nexus letter from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected because of incomplete or missing military treatment records. These cases require the help of skilled New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence backed by impartial experts.

It is much easier to establish that there is a direct connection to your service for injuries or illnesses that you sustained while 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 link between these events and the current condition you are suffering from.

However, it is more difficult to be connected if you suffer from an existing medical condition that became worse when you were in the military. To show that your time in service aggravated or worsened a pre-existing medical condition, you'll need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denial

The VA will review your case after you have submitted your application and submitted medical evidence. It usually issues a decision which either approves or denies benefits. If the decision is not in favor the veteran is given one year to file a Notice of Disagreement. A disability lawyer for veterans can assist the claimant through the three options for review -- an additional claim, a more extensive review, or a direct appeal to the Board of veterans disability law firms' Appeals.

When deciding on the right New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This can make things easier for you and lessen the requirement to explain your situation and experiences in layman's language.

You should also find a firm that will work on your case for the entire duration of your appeal. Beware of firms that only assist you in the initial stages of your claim, and then disappear.

A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. 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 dealt with fairly. They can also help you claim benefits like monetary compensation aid and attendance, education benefits or unemployability benefits.

Getting a Higher Rating

It could happen that your disability gets more severe or your symptoms become more severe. In that case it's logical 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 uncommon for the VA to make mistakes that result in an lower disability rating than you're entitled. In the event that they fail to notice an injury that you suffer from or overlook a problem which could be linked to other disabilities in order to get a higher rating it's important to have an expert review your records to identify any errors.

Even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These include a review of your entire file which could result in changes to your effective date and an updated rating that is more true to the feelings you have.

If you believe you deserve a rating of 100 percent, or more, it's worth making a claim for supplemental benefits. An attorney for disability can help you develop a convincing argument for this type of rating, which is reserved for very difficult to treat disabilities. A mental illness such as depression, for instance, could be a reason to get a 100% rating of disability because it could affect your job or trigger frequent hospitalizations that don't normally trigger this level for a heart problem or other medical conditions.

Assistance with the Appeals Process

Contrary to what many people think, the denial of claims for disability by the VA isn't the end of a person's chances to receive benefits. Former veterans have one year to appeal any decision that isn't favorable.

An experienced lawyer for veterans can assist a veteran to determine which of the three current appeals options is most appropriate for their particular situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They may also give a veteran a more formal hearing in front of an Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim requires. They also have a wealth of experience managing VA disability claims, and are familiar with the rules and procedures completely. Some attorneys are veterans, and therefore know the challenges that disabled veterans face. This can create a special type of empathy which could help in the resolution of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to help you. Contact us today to schedule an evaluation for free.