Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.
Select a veteran disability attorney that is experienced in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits if it is established that your condition is connected to your military service. This is known as a “nexus. There are different types of evidence you can prove the connection, including medical records as well as independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health issues). Sometimes veterans have medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by unbiased experts.
It is easier to prove an immediate connection with your service to injuries or illnesses that you sustained while in the military. If you suffered injuries in the military, and now suffer from headaches and concussions, it’s much easier to establish a direct connection to the service.
It is harder to get service-connected if you had an existing medical condition that was worsened while you were in military service. To prove that your service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that is at the level of “clear and irrefutable” proof.
Appealing a denied application
The VA will review your case after you have submitted your application and provided medical evidence. It usually issues a decision which either approves or denies benefits. If the decision isn’t favorable, the veteran is given a year to file a complaint. A lawyer for veterans disability law firms‘ disability can assist the claimant through the three options for review that include the supplemental claim, the higher-level review, or direct appeal to the Board of Veterans’ Appeals.
When deciding on a New York veterans disability lawyer, be sure to consider whether they understand your military background and military’s culture. This can make it easier for you and decrease the requirement to explain your situation and experiences in layman’s.
You should also find a firm who will remain on your case throughout the entire duration of your appeal. Beware of firms that only assist you with the initial stages of your case, only to then go away.
An experienced New York veterans’ disability attorney can help you with all phases of the claim and appeals. 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 in a fair manner. They can also help you win you benefits like cash compensations, aid or attendance benefits, educational benefits, or unemployability.
Achieving a Higher Rating
It is possible that your disability gets more severe or your symptoms become more severe. In this case, it makes sense to request a higher rating. A lawyer for veterans can assist in that procedure, and assist you in locating evidence to back your request.
It’s not uncommon for the VA to make mistakes that result in a lower disability rating than you’re entitled to. It’s recommended to consult an expert to examine your records for any errors. They might have missed an injury or missed an issue that could be added to another disability to earn an even higher rating.
Even when it’s been over one year since you made your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This could include a thorough review of your entire record, that could lead to modifications to your effective date as well as a new rating that is more corresponding to your feelings.
It’s also advisable to file a supplemental claim or higher-level review if you’re trying to argue that you deserve a disability rating of 100 percent or higher. An attorney for disability can help you create a compelling argument for this kind of rating, that is reserved for those with severe disabilities. A mental health condition such as depression, for instance, could qualify you for a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations which do not normally trigger this level of severity for a heart problem or other medical issues.
Helping with the Appeals Process
Contrary to what some may believe, a VA denial of disability benefits does not mean that a person is in no position to claim benefits. In fact, a former servicemember can wait one year from date that their local veterans hospital or office mails them a decision that is not favorable to file an appeal.
A skilled veterans disability attorney can assist a veteran in determining which of the three appeals options is best for his situation. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with a more formal hearing in before a Veterans Law judge.
A New York veteran disability lawyer will give you the individualized attention your claim requires. They will also have extensive experience handling VA disability claims, and they understand the rules and procedure completely. Additionally, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a distinct type of empathy that can sometimes make a difference in the outcome of a case involving a disabled veteran.
Sullivan & Kehoe’s team of highly-trained lawyers can review your VA disability claim for free to determine if we can help you. Contact us today for your free evaluation.