Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From assembling medical and service evidence to submitting an appeal of the denial of your claim.

Select a veteran disability lawyer who is specialized in these types of 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 grant disability benefits if it can be confirmed that your illness is connected to your military service. This is referred to as a nexus. There are various types of evidence you can prove this connection, including medical records as well as independent medical examinations (IME), and nexus letters from current health professionals or therapists (especially for mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but they are not able to be considered service-connected due to missing or incomplete 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 backed by impartial experts.

It is simpler to establish a direct service connection when illnesses or injuries were sustained while serving in the military. If you've been injured while in the military, and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.

It is more difficult to be service-connected if there was an existing condition that deteriorated while you were in military service. In order to prove that your service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and undeniable" evidence.

Appealing a denied application

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

Take note of whether the lawyer is familiar with your military experience and the military's culture when selecting a New York veterans' disability lawyer. This will make the process more relaxed and reduce the need for you to explain your experiences and circumstances in plain English.

You want a firm who will be working on your case throughout the lengthy appeals procedure. Be wary of firms that help you with the initial stages of your claim, and then disappear.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request an official hearing, and also represent you in any Board sessions to ensure that your case will be handled in a fair manner. They can also assist you to claim benefits like monetary compensation aid and attendance, education benefits, or unemployment benefits.

How do I obtain a higher rating

It could be that your disability gets worse or your symptoms get more severe. It makes sense in this situation to ask for an increase in your rating. A veteran disability lawyer can assist you in this process and help gather evidence to support your claim.

It's not uncommon for the VA to make errors, which could result in an under-rated rating than you deserve. Whether they accidentally miss an injury you've suffered or miss a condition that could be combined with other disabilities to receive higher ratings it's important to have an expert look over your records to find any errors.

You can still make a higher-level claim, or review if you have been evaluated for more than a calendar year. These include a review of your entire dossier, which may result in modifications to the effective date of your claim and the creation of a new rating that is more precise to your personal feelings.

If you believe that you are entitled to a rating of 100 percent or more, it's worth making a claim for supplemental benefits. A disability lawyer can assist you in putting together an argument that is convincing for this kind of rating, which is reserved for extremely severe disabilities. A mental illness, for example, may qualify you for a 100 percent disability rating because it can hinder employment or result in frequent hospitalizations that do not normally trigger this level of severity for a heart problem or any other medical condition.

Getting help with the Appeals Process

Contrary to what many people think, the denial of a disability claim by the VA is not the end of a person's chances to recover benefits. In fact, a former veteran is given one year from the date the local veterans' hospital or office mails them a negative decision to file an appeal.

A skilled veterans disability attorney can assist a veteran in determining which of the current three pathways for appeal would be the most appropriate for his case. They can also assist veterans put all the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can even assist a veteran with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have extensive experience dealing with VA disability claims, and veterans disability attorney they know the rules and procedures in and out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This can result in a unique type of empathy which can improve the outcome of an issue involving veterans' disability.

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