Veterans Disability Lawyers

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

Choose a lawyer for veterans who limits their practice to handling these cases and 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 offer disability benefits if it can be established that your condition is linked to your military experience. This is referred to as a nexus. There are different types of evidence that you can prove this connection, including medical records as well as independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health conditions). Sometimes, veterans have medically determined disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability attorneys who know how to present an entire claim and provide evidence backed by unbiased experts.

It is simpler to prove direct service connection for illnesses or injuries that you sustained while in the military. If you suffered injuries in the military, and now suffer from headaches and concussions, it is easier to prove a direct service connection.

However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that became worse while in the military. To show that your time in service has aggravated or exacerbated a pre-existing health condition, you'll have to present medical evidence that is "clear and undisputed".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical proof. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veterans disability lawyer can assist the claimant through the three decision review options that include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer, be sure to consider whether they can understand your military experience and the military's culture. This will make the process more enjoyable and less demanding for you to explain your experiences and the circumstances in layman's terms.

You should also find a firm who will continue to work on your case for the entire duration of your appeal. Beware of firms who only help you with the initial stages of your case, and then disappear.

A seasoned New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also assist you to claim benefits such as monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

How do I obtain a higher rating

It could be that your disability becomes worse or your symptoms are more severe. In this case it's logical to seek an increase in your rating. A veterans disability lawyer can help with that procedure, and help you find evidence to prove your claim.

It's not unusual for the VA to make mistakes that result in being denied a disability rating lower than you're entitled to. In the event that they fail to notice an injury that you suffer from or ignore a condition that could be combined with other disabilities to earn a higher rating it's important to have an expert review your records to identify any errors.

You may still file a higher-level claim and review if you have been rated for more than a calendar year. This includes a review of your entire file which can result in changes to the effective date of your claim and a new rating that is more corresponding to what you feel.

If you think you're worthy of a rating of 100 percent or higher, it's worth applying for a supplemental claim. A disability lawyer can assist you to build a strong case for this rating, which is reserved only for the most debilitating of disabilities. A mental health problem, for example, may be a reason to get a 100 percentage disability rating since it could affect your job or trigger frequent hospitalizations that would not normally trigger this level for a heart problem or other medical conditions.

Getting Help with the Appeals Process

Despite what some people may believe that denying claims for disability by the VA isn't the end of an individual's ability to collect benefits. Former service members have a year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can assist a veteran to determine which of the three pathways for appealing would be the best option for their situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer the previous decision was not right. They can provide a veteran a more formal hearing in before a Veterans Law judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim demands. They also have years of experience dealing with VA disability claims and are aware of the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans face. This can create a distinct type of empathy which can improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us now to schedule your free evaluation.