Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal of a claim that has been denied.

Choose a veterans disability attorney who limits their practice to handling these cases and is aware of the VA's system inside out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits when it can be proven that your condition is directly related to your military service. This is called a nexus. There are many types of evidence you can prove the connection, such as medical records or independent medical exams (IME) and letters from current health professionals or therapists (especially for mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered to be service-connected due incomplete or omitted records. These cases require the help of skilled New York disability lawyers who know how to make a complete claim and submit evidence that is backed by experts who are impartial.

It is much easier to establish a direct service connection when injuries or illnesses were sustained while serving in the military. For instance, if you received a head injury during your time in service and you are suffering from concussions and headaches, there is a clear connection between those events and your current condition.

It is difficult to be connected to a service if you have an existing condition that got worse while you were in military service. To prove that your service has aggravated or worsened a pre-existing illness You must present expert medical evidence that reaches the level of "clear and undeniable" evidence.

Appealing to a Denial

After submitting an application and submitting medical evidence, the VA will review the case. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a complaint. A veterans disability lawyer can help the claimant navigate the three review options -- an additional claim, a more extensive review, or direct appeal to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military background and traditions of the armed forces. This will make it easier for you and decrease the necessity to explain your circumstances and experiences in a layman's way.

You want a company that will work on your case throughout the multi-year appeals process. Beware of firms that only assist you in the first stages of your claim and then disappear.

An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. They can assist you in submitting 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 assist in obtaining you benefits like assistance, monetary compensations and attendance benefits, educational benefits, or even unemployment.

Getting a Higher Rating

It could be that your disability becomes worse or your symptoms are more severe. In that situation, it makes sense to request a higher rating. A veterans disability lawsuits disability lawyer can assist in that process, and they can help you dig up evidence to justify your request.

It's not uncommon for the VA to make mistakes that result in being awarded a lower rating than what you deserve. It's worth getting a professional to check your records for any errors. They could have missed an injury or missed the issue that could be in conjunction with another condition to get a higher rating.

You may still file a higher-level claim or review if you've been rated for more than a calendar year. These can include a review of your entire dossier, which may result in changes to your effective date, as well as a new rating more accurate to the feelings you have.

If you believe you deserve an assessment of 100 percent or higher, it's worth seeking a supplemental claim. An attorney for disability can help you develop a convincing argument for this type of rating, which is reserved for very debilitating disabilities. A mental health issue for instance, might allow you to receive a 100 percent disability rating, as it could hinder your employment or cause frequent hospitalizations which are not typically triggering this level of severity for a heart problem or other medical issues.

Assistance with the Appeals Process

Despite what some think that denial of an appeal for disability by the VA is not the end of an individual's chances to get benefits. Former veterans have one year to appeal an outcome that is not favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three current ways to appeal is the best option for their situation. They can also help an individual vet put the evidence together needed to convince a higher-level reviewer that their previous decision was not correct. They can give a veteran an additional formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer will give you the individualized attention you require for your claim. They will also have extensive experience in managing VA disability claims, and they understand the rules and procedure inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a unique type of empathy that may improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Call us today to schedule your free assessment.