Veterans Disability Lawyers

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

Choose a veterans disability lawsuit disability attorney who limits their practice to handling these cases and knows the VA system from head to toe. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if you prove that the condition you have is related to your military service. This is called a connection. You can make use of various types of evidence to prove the connection. These include medical documents, independent health examinations (IME) or a nexus letter from current health care providers (especially in the case of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability lawyers who know how to make an entire claim and provide evidence that is backed up by experts who are independent.

It is easier to prove a direct service connection if injuries or illnesses occurred during your time in the military. If you were injured during your military service and now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

However, it is more difficult to get service connected if you suffer from an existing medical condition that grew worse during your time in the military. To prove that your time in service has aggravated or worsened an existing medical condition you must provide a doctor's medical evidence that reaches the level of "clear and irrefutable" evidence.

Appealing to a Denial

The VA will review your case after you have submitted your application and provided medical evidence. It usually makes a decision which either approves or denies benefits. If the decision is not favorable, the veteran is given one year to make a formal complaint. A veterans disability law firms disability lawyer can help the claimant navigate the three decision review options -- an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and the traditions of the armed forces. This can make it easier for you and reduce the need to explain your situations and experiences in a layman's way.

You also need a company that will continue to work on your case throughout the duration of the appeals process over a period of years. Be wary of companies that assist you in the initial phases of your case and then go away.

An experienced New York veterans disability attorney can assist with 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 meetings so that your case will be handled in a fair manner. They can also assist in obtaining you benefits like assistance, monetary compensations and attendance benefits, education benefits, or even unemployment.

Receiving a Better Rating

There may be a point when your disability gets worse or your symptoms become broader or more challenging. In such a case it's logical to seek an increase in your rating. A veterans disability lawyer can assist you in this procedure, and assist you in locating evidence to prove your claim.

It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. If they miss an injury that you suffer from or ignore a condition that could be combined with other disabilities to get higher ratings It's worthwhile to have an expert look over your records to spot any errors.

You may still submit a higher-level claim or review if you have been assessed for more than a calendar year. This includes a review of your entire file which may result in modifications to your effective date and an updated rating that is more true to your personal feelings.

If you believe that you are entitled to a rating of 100 percent, or higher, consider seeking a supplemental claim. An attorney for disability can help you create an argument that supports this kind of rating, which is reserved for extremely difficult to treat disabilities. For example an illness that is mental could be a reason to get an 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization. These don't normally trigger this type of a rating for a cardiovascular disease or other medical problems.

Getting help with the Appeals Process

Contrary to what some may think that denial of an application for disability benefits by the VA isn't the end of a person's chances to recover benefits. Former veterans have one year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can help a veteran decide which of the three pathways for appealing would be most suitable for their case. They can also assist veterans put the evidence together needed to convince a higher level reviewer that their previous decision was wrong. They can give a veteran an additional formal hearing before a Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim needs. They are also likely to have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures from top to bottom. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This creates an unique type of empathy that can make a difference in the outcome of a veterans disability case.

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