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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to submitting an appeal of a denied claim.

Choose a veterans disability attorney that is solely handling these cases and knows the VA system from head to toe. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits only if you prove that the condition you are suffering from is linked to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. These include medical records, independent health assessments (IME) or a nexus letter from current healthcare providers (especially in the case of mental health conditions). Sometimes, veterans have medically determined disabilities but are not connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and submit evidence that is backed up by independent experts.

It is much easier to prove direct service connection for illnesses or injuries that occurred while in the military. If you have been injured during your military service and now suffer from headaches and concussions, it is easier to prove a direct service connection.

It is harder to get service-connected if you had a pre-existing condition that worsened while you were in military service. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to present medical evidence from an expert that is "clear and irrefutable".

Appealing a Denial

After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the case. It usually makes a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a complaint. A veterans disability attorney can assist the claimant through the three review options - an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will make the process more comfortable and less requiring you to describe your experiences and situations in layman's terms.

You want a firm who will handle your case throughout the lengthy appeals process. Beware of companies that will only help you with the initial phases of your claim and then disappear.

A seasoned 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 that your case is handled fairly. They can also help win you benefits like monetary compensations, aid and attendance benefits, education benefits, or even unemployment.

Earning a higher rating

It may happen that your disability becomes worse or your symptoms are more severe. In this case it's logical to request a higher rating. A lawyer for veterans' disability can assist you in this process, and help you find evidence to prove your claim.

It's not uncommon to see the VA make mistakes, which can result in receiving a lower score than you deserve. It's worth getting an expert to look over your records for errors. They could have missed an injury or omitted any issue that could have been added to another disability to receive an even higher rating.

You are still able to make a higher-level claim, or review if you have been evaluated for more than a calendar year. These include a review of your entire record, that could lead to modifications to your effective date 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 help you put together a convincing argument for this type of rating, which is reserved for extremely difficult to treat disabilities. For example an illness that is mental might qualify you for a 100% disability rating because it can cause marked interference with employment or frequent periods of hospitalization, which don't typically trigger this kind of an assessment for a cardiovascular disease or other medical problems.

Helping with the Appeals Process

Contrary to what some believe contrary to what many may think, an VA denial of disability benefits does not mean that a person is not eligible for benefits. Former veterans have one year to appeal an outcome that is not favorable.

An experienced veterans disability attorney can assist a veteran to determine which of the current three options for appeal is best for his case. They can also help veterans disability attorneys put the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They may even be able to provide veterans with a more formal hearing before an veterans disability lawyer Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they can give you the attention and care that your claim needs. They also have a lot of experience in managing VA disability claims, and they are aware of the rules and procedures inside and out. Some lawyers are veterans, so they know the challenges that disabled veterans face. This can create a distinct type of empathy which can help improve the outcome of the case of a disabled veteran.

The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims free of charge to determine if we are able to assist you. Contact us today to arrange your free assessment.