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Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From assembling medical and service evidence to filing an appeal of a claim that has been denied.

Choose a veteran disability lawyer that is solely dealing with these cases, and who knows the VA system from head to toe. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits if you can prove that the condition you are suffering from is related to your military service. This is known as a nexus. There are many types of evidence you could demonstrate this connection, such as medical records or independent medical exams (IME), and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are times when veterans have medically determinable disabilities, but they cannot be considered to be service-connected due incomplete or omitted records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed by independent experts.

It is much easier to prove the direct connection between your service and illnesses or injuries that you sustained while in the military. If you have been injured in the military, and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.

However, it's harder to get connected if you suffer from an existing medical condition that became worse while in the military. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to present medical evidence that is "clear and undeniable".

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical evidence. The VA typically issues an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veteran's disability attorney can help the claimant navigate through the three decision review options: either a supplemental claim or a more advanced review, or an direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can make things easier for you and lessen the need to explain your situations and experiences in layman's.

You also want a firm who will continue to work on your case for the duration of the appeals process over a period of years. Beware of firms that assist you with the first stages of your case, and then disappear.

An experienced New York veterans' disability lawyer can assist you in all stages of the claim including appeals. They can assist you in submitting more medical evidence, file an official hearing and represent you at any Board meetings to ensure your case will be dealt with in a fair and fair manner. They can also help you win you benefits, such as cash compensations, aid or education benefits, attendance benefits, or even unemployment.

Earning a higher rating

It could happen that your disability becomes worse or your symptoms get more severe. It is logical in this instance to seek an increase in your rating. A lawyer for veterans can assist with this process, and can assist you in finding evidence to prove your claim.

It's not unusual for firms the VA to make mistakes that result in an under-rated rating than you deserve. It's worth getting an expert to review your records for any errors. They may have overlooked an injury or missed an issue that could be combined with another disability to get a higher rating.

You may still file a higher-level claim or review if you've been given a rating for more than one calendar year. These require a complete review of your file. It could result in the change of your effective date or an updated rating that is more in line with how you truly feel.

If you believe that you are entitled to a rating of 100 percent or higher, consider requesting a supplemental claim. A disability attorney can assist you in putting together an argument that supports this type of rating, which is reserved only for severe disabilities. For instance the mental health issue might qualify you for 100% disability ratings due to the fact that it causes significant disruption to your work or frequent periods of hospitalization that don't normally trigger such the rating for a heart condition or other medical problem.

Assistance with the Appeals Process

Contrary to what many believe contrary to what many may think, a VA denial of disability benefits doesn't mean that an individual isn't eligible to receive benefits. Former veterans have one year to appeal a decision that is not favorable.

A skilled veterans disability lawyer can help a veteran decide which of the three appeals options is most appropriate for their particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can even assist a veteran with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They will also have extensive experience managing VA disability claims, and are familiar with the rules and procedures inside out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans face. This can result in a unique type of empathy which can improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to set up your free evaluation.