Veterans Disability Lawyers

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

Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it's confirmed that your illness is linked to your military experience. This is referred to as a nexus. There are a variety of evidence you could prove the connection, including medical records, independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are times where veterans are diagnosed with medical disabilities, but they are not able to be considered service-connected due to missing or incomplete documents. These cases require the help of skilled New York disability lawyers who are able to present an accurate claim and submit evidence that is confirmed by experts who are impartial.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while you were in the military. For example, if you were struck in the head while serving and are now suffering headaches and concussions there is a direct link between the events that led to your current condition.

However, it is more difficult to get connected if you have an existing medical condition that got worse during your time in the military. To prove that your service has aggravated or exacerbated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".

Appealing an Denial

After filing an application and providing medical evidence after which the VA will review the case. It typically issues a decision which either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a Notice of Disparagement. A veterans disability law firms disability lawyer can assist the applicant navigate the three possible review options -- the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Take into consideration whether they can understand your military experiences and the military's culture. This will make it easier for you and decrease the requirement to explain your situation and experiences in layman's language.

You should also choose a firm that will work on your case for the entire multi-year appeals process. Beware of companies that will only assist you with the initial phases of your claim and then vanish.

An experienced New York veterans disability attorney can assist you in all stages of your claim, including the appeals process. They can help you submit more medical evidence, ask for an official hearing and represent you at any Board sessions to ensure that your case is handled fairly. They can also assist you to obtain benefits such as monetary compensation, aid and attendance, education benefits or unemployment benefits.

How do I obtain a higher rating

It is possible that your disability gets more severe or your symptoms become more severe. In this case, it makes sense to ask for a higher rating. A lawyer for veterans' disability can assist you in this process, and assist you in finding evidence to back your request.

It's not uncommon to see the VA to make mistakes that result in a lower rating than you deserve. It's recommended to consult an expert to review your records for mistakes. They may have missed an injury or neglected to mention any issue that could have been coupled with another disability to earn an increase in rating.

Even if it's been more than one year since your initial rating decision, you have the option of filing an additional review or claim. These require a complete review of your file, and could result in the change of your effective date or an updated rating that is more in line with how you really feel.

If you believe you're entitled to a rating of 100 percent, or more, it's worth applying for a supplemental claim. A disability attorney can help you create a compelling argument for this kind of rating, which is reserved for extremely debilitating disabilities. For instance the mental health issue might qualify you for an absolute disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization that do not normally trigger this type of an assessment for a cardiovascular illness or other medical issues.

Need help with the Appeals Process

Despite what some think that denial of a disability claim by the VA is not the end of a person's chances to recover benefits. Former service members have one year to appeal the decision if it is not favorable.

A skilled veterans disability lawyer can help a veteran decide which of the three appeals routes is most suitable for their case. They can also help an individual vet put the evidence together needed to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing before an Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention your claim requires. They will also have extensive experience in dealing with VA disability claims, and they understand the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a distinct type of empathy that can help improve the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today to arrange your free evaluation.