Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From collecting medical and service evidence to filing an appeal against a denied claim A veteran disability lawyer can assist you throughout the entire claim process.
Select a veteran disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA’s system from top to bottom. This will ensure that your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits if you can prove that the condition you suffer from is a result of your military service. This is called a relationship. You can use a variety of evidence to prove the connection. These include medical records, independent health examinations (IME), or an nexus note from current health care providers (especially in the situation of mental health conditions). There are occasions where veterans are diagnosed with medical disabilities, but they are not able to be considered service-connected due to incomplete or omitted documents. These cases require the help of skilled New York disability attorneys who know how to present an entire case and submit evidence that is backed up by independent experts.
It is simpler to prove that there is a direct connection to your service for illnesses or injuries which occurred while in the military. For example, if you received a head injury while serving and are now suffering headaches and concussions there is a strong connection between those events and your current condition.
However, it’s harder to get connected if you suffer from an existing medical condition that got worse while you were in the military. To prove that your service time was a catalyst for the worsening or aggravation of a pre-exist medical condition, you’ll need to present medical evidence from an expert that is “clear and undisputed”.
Appealing a Denial
The VA will review your case after you have submitted your application and submitted medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given a year to file a complaint. A disability attorney for veterans can guide 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.
When deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experiences and the army’s culture. This can help you feel more comfortable and less demanding for you to explain your experiences and situations in plain language.
You want a company that will handle your case throughout the multi-year appeals process. Beware of firms that only assist you with the initial stages of your claim and then disappear.
A seasoned New York veterans disability lawsuits disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, file an official hearing, and represent you in any Board meetings so that your case will be handled in a fair and fair manner. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits or unemployment benefits.
How can you get a better rating
There might come a time when your disability gets worse, or your symptoms get more complicated or broad. It makes sense in this instance to seek an increase in the rating. A veteran disability lawyer can help you in this process and help gather evidence to back your claim.
It’s not uncommon to see the VA make mistakes, resulting in receiving a lower score than you deserve. It’s worth getting a professional to check your records for mistakes. They may have missed an injury or omitted a problem which could be added to another disability to earn an improved rating.
You can still make a higher-level claim, or review if you’ve been given a rating for more than one calendar year. This includes a review of your entire file which can result in changes to your effective date, as well as a new rating more accurate to what you feel.
It’s also worth looking into an additional claim or a higher-level review if you believe you are entitled to a disability rating that is 100 percent or more. A disability lawyer can help develop a compelling argument for this rating which is only available for the most debilitating of disabilities. A mental health problem, for example, may be a reason to get a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations which are not typically triggering this level of severity for a heart problem or other medical issues.
Help with the Appeals Process
Contrary what some believe Contrary to what some may believe, a VA denial of disability benefits does not mean that the person is not eligible for benefits. Former veterans have one year to appeal the decision if it is not favorable.
A skilled veteran disability lawyer can assist a veteran to determine which of the three appeals options is most suitable for their case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer that their prior decision was incorrect. They can even provide a veteran with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer will give you the individualized attention you require for your claim. They also have a vast experience handling VA disability claims, and they know the rules and procedures both inside and outside. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates an unique type of empathy that can enhance the outcome of a veterans disability case.
Sullivan and Kehoe’s team highly-trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Call us today to set up an evaluation for free.