Swartz Creek Veterans Disability Lawsuit Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can help you throughout the entire claims process.

Select a veteran disability attorney who focuses their practice on 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 award disability benefits only if you prove that the condition is related to your military service. This is referred to as a connection. You can use different types of evidence to prove the connection. These include medical records, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the situation of mental health conditions). There are instances when carnegie veterans disability attorney have medically determined disabilities, but they are not able to be considered service connected due to insufficient or missing documents. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is supported by independent experts.

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

However, it's more difficult to get connected if you suffer from a pre-existing medical condition that became worse while you were in the military. In order to prove that your military service worsened or aggravated an existing condition you must provide a doctor's medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical proof. The VA usually issues an approval or denial of benefits. If the decision is not favorable, the veteran has one year to file a complaint. A veterans disability lawyer can help the claimant navigate the three decision review options including the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This can make it simpler for you and reduce the need to explain your situations and experiences in layman's.

You'll want a firm that will work on your case throughout the long appeals process. Beware of firms that help you with the initial stages of your claim, and then disappear.

A seasoned New York veterans' disability attorney can assist you at all phases of the claim, including appeals. They can help you submit 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 such as assistance, monetary compensations and attendance benefits, education benefits, or unemployability.

Achieving a Higher Rating

There might come a time when your disability gets worse or your symptoms become broader or more challenging. It makes sense in this situation to ask for an increase in the rating. A veteran disability lawyer can assist you in this process and assist you to collect evidence to support your claim.

It's not common for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. In the event that they fail to notice an injury you have or ignore a condition which could be linked to other disabilities to receive higher ratings, it's worth having an expert look over your records to spot any errors.

Even if it's been more than a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. This includes a review of your entire record, that could lead to changes to your effective date and an updated rating that is more true to your feelings.

If you believe that you are entitled to a rating of 100 percent, or higher, it's worth requesting a supplemental claim. A disability lawyer can help develop a compelling argument for this rating which is reserved for the most serious disabilities. For instance mental health issues could be a reason to get 100% disability ratings because it can cause marked disruption to your work or frequent periods of hospitalization that don't typically trigger this kind of the rating for a heart illness or other medical issues.

Getting help with the Appeals Process

Despite what some people may think that denial of an appeal for disability by the VA is not the end of an individual's chances to recover benefits. In fact, a former military member can wait one year from date that their local veterans hospital or office sends them a decision that is not favorable to file an appeal.

An experienced attorney for veterans can assist a veteran to determine which of the three pathways for appeal is the best option for his situation. They can also help veterans put the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They can also provide a veteran with an extra formal hearing before an Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim demands. They also have extensive experience in dealing with VA disability claims, and they are aware of the rules and procedure completely. Additionally, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans face. This creates a distinct type of empathy, which can make a difference in the outcome of a disability claim for veterans.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claim for free to determine if we can assist you. Contact us today to set up your free assessment.