Veterans Disability Lawyers
A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.
Choose a veteran disability attorney that specializes in these cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only provide disability benefits if it’s proven that your condition is connected to your military service. This is referred to as a nexus. There are various types of evidence you could prove the connection, such as medical records and independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed up by independent experts.
It is simpler to prove the direct connection between your service and illnesses or injuries that occurred while in the military. For instance, if you received a head injury during service and now suffer from concussions and headaches, there is a strong connection between those events and the current condition you are suffering from.
It is more difficult to be connected to the military if you suffered from an existing condition that deteriorated while you were in military service. In order to prove that your time in service worsened or aggravated an existing illness, you must supply expert medical evidence that rises to the level of “clear and unmistakable” proof.
Appealing an Denial
The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling that either approves or denies benefits. If the decision isn’t favorable, the veteran has one year to make a formal complaint. A disability attorney for veterans can guide the claimant through the three review options: either a supplemental claim or a more advanced review, or a direct appeal to the Board of veterans disability lawyer‘ Appeals.
Consider whether the lawyer understands your military experiences and the traditions of the armed forces when selecting a New York veterans’ disability lawyer. This can make the process more enjoyable and less demanding for you to talk about your experiences and situations in plain language.
You want a firm who will work on your case throughout the multi-year appeals procedure. Be wary about firms that assist you in the first phases of your case and then vanish.
An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. 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 dealt with fairly. They can also assist you to obtain benefits like monetary compensation aid and attendance, education benefits or unemployability benefits.
How do I obtain a higher rating
It could be that your disability becomes more severe or your symptoms become more severe. It is logical in this instance to seek an increase in the rating. A veteran disability lawyer can help you in this process and assist you to collect evidence to prove your claim.
It’s not common for the VA to make mistakes that lead to a lower disability rating than you’re entitled to. It’s worth getting a professional to check your records for mistakes. They might have missed an injury or neglected to mention the issue that could be coupled with another disability to earn an increase in rating.
You can still file a higher-level claim and review if you have been evaluated for more than a calendar year. These can include a review of your entire record, which can result in changes to your effective date, as well as a new rating more accurate to your personal feelings.
If you believe you deserve an assessment of 100 percent, or higher, you should consider requesting a supplemental claim. An attorney for disability can help you develop a convincing argument for this type of rating, that is reserved for those with debilitating disabilities. For instance the mental health issue could qualify you for an 100% disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization that do not normally trigger this type of the rating for a heart disease or other medical problems.
Assistance with the Appeals Process
Contrary to what some may believe the denial of an application for disability benefits by the VA isn’t the end of an individual’s chances to collect benefits. In fact, a former soldier is given one year from the date that their local veterans hospital or office mails them a negative decision to file an appeal.
An experienced veteran disability attorney can assist a vet in determining which of the three appeals options would be best for his situation. They can also help a vet get the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.
The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they will provide the personalized attention your claim deserves. They also have a wealth of experience in managing VA disability claims, and they know the rules and procedures completely. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a special kind of empathy that can help improve the outcome of an issue involving veterans’ disability.
Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Contact us today to arrange your free evaluation.