Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can help you through the entire claims process.

Choose a veteran disability lawyer who focuses their practice on dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you prove that the condition you are suffering from is connected to your military service. This is known as a linkage. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances when veterans have medically determinable disabilities, but they are not able to be service connected because of incomplete or omitted 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 direct service connection for injuries or illnesses that occurred while in the military. For instance, if were hit in the head in the course of your service and suffer headaches and concussions, there is a clear link between the two events and the current condition you are suffering from.

It is harder to get connected to the military if you suffered from an existing condition that deteriorated during your military service. To prove that your service time caused or aggravated a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and undeniable".

Appealing a Denied Application

The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision isn't favorable, the veteran has a year to submit a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three review options: a supplemental claim or higher-level review, or an direct appeal before the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience and the culture of the armed services when selecting a New York veterans' disability lawyer. This can help you feel more comfortable and less demanding for you to explain your experiences and situations in plain language.

You want a firm who will take on your case throughout the multi-year appeals process. Be wary about firms that assist you with the initial stages of your case, only to then vanish.

A seasoned New York veterans' disability attorney can help you with all stages of the claim and appeals. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win you benefits like financial compensations, aid and attendance benefits, educational benefits, or unemployedness.

Achieving a Higher Rating

There could be a point when your disability becomes more serious or your symptoms become more complicated or broad. It is logical in this situation to ask for an increase in rating. A veterans disability lawyer can assist with this process, and can help you dig up evidence to back your request.

It's not unusual for the VA to make mistakes that lead to an lower disability rating than you're entitled to. In the event that they fail to notice an injury you've suffered or overlook a problem that could be combined with other disabilities to earn a higher rating, it's worth having an expert look over your records to look for errors.

Even if it's been more than a year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file. It could result in a change to your effective date or a new rating that's more in line with how you really feel.

If you think you're worthy of a rating of 100 percent or higher, it's worth seeking a supplemental claim. A disability lawyer can help create a compelling case for this rating which is reserved for the most debilitating of disabilities. For example mental health issues could be a reason to get an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization. These don't normally trigger such rating for cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Despite what some believe the denial of an application for veterans disability lawyer disability benefits by the VA is not the end of an individual's chances to get benefits. Former service members have one year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three 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 their previous decision was not correct. They can also provide a veteran with a more formal hearing in before an Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim needs. They also have a lot of experience in dealing with VA disability claims, and they understand the rules and procedures completely. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This creates a unique kind of empathy, which can enhance the outcome of a veterans disability case.

The Sullivan & Kehoe team of experienced lawyers can evaluate your VA disability claims for free to determine if we can help you. Contact us today to schedule your free evaluation.