Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From assembling medical and service evidence to filing an appeal against a claim that has been denied.

Choose a lawyer for veterans who limits their practice to handling these cases and is aware of the VA's system inside out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition you suffer from is linked to your military service. This is referred to as a nexus. You can use different types of evidence to prove this connection. These include medical records, independent health exams (IME) or a an nexus note from current healthcare providers (especially in the case of mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed up by independent experts.

It is simpler to prove an immediate connection with your service to illnesses or injuries that occurred while you were in the military. If you have been injured in the military and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.

However, it is more difficult to get service connected if you suffer from an existing medical condition that grew worse while in the military. In order to prove that your time in service aggravated or made worse an existing illness, you must supply expert medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing to a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision is unfavorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three possible review options that include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

When selecting a New York urbandale veterans disability law firm disability lawyer Be sure to think about whether they can understand your military experience and the culture of the armed forces. This can make it simpler for you to understand and reduce the necessity to explain your circumstances and experiences in layman's terms.

You also need a company who will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of firms who only assist you with the first phases of your claim and then disappear.

A seasoned New York veterans' disability attorney can help you with every stage of your claim including appeals. They can assist you in submitting more medical evidence, ask for an official hearing and represent you in any Board sessions to ensure that your case will be handled fairly. They can also help you obtain benefits such as monetary compensation, aid and attendance, educational benefits or unemployed benefits.

Getting a Higher Rating

There may be a point that your disability becomes more severe or your symptoms become more difficult or wider. It makes sense in this case to request an increase in rating. A lawyer for veterans' disability can assist you in this process, and can help you dig up evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in an lower disability rating than you're entitled to. It's a good idea to hire an expert to look over your records for any errors. They may have missed an injury or neglected to mention an issue that could be in conjunction with another disability to earn a higher rating.

Even when it's been over one year since the initial rating decision, you can file a higher-level review or supplemental claim. This includes a review of your entire file, which can result in modifications to your effective date, as well as an updated rating that is more true to your feelings.

It's also worth looking into an additional claim or a higher-level review if you're arguing that you are entitled to a disability rating of 100 percent or higher. A disability lawyer can assist you to make a convincing case for this rating that is reserved for the most debilitating of disabilities. A mental health problem like this one, for instance, may allow you to receive a 100 percent disability rating because it can interfere with employment or trigger frequent hospitalizations that are not typically triggering this level of severity for a heart problem or other medical issues.

Help with the Appeals Process

Contrary to what some believe Contrary to what some may believe, a VA denial of disability benefits does not mean that an individual isn't eligible to receive benefits. In fact, a former servicemember has one year from the date that the local veteran's hospital or office mails them a negative decision to appeal.

An experienced attorney for veterans can assist a vet in determining which of the three options for appeal is the best option for his case. They can also help veterans put the evidence they need to convince a higher level reviewer that their previous decision was wrong. They may even be able to provide veterans with a more formal hearing before an Geneva Veterans Disability Law Firm Law Judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have extensive experience handling VA disability claims, and are familiar with the rules and procedure completely. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a special type of empathy which can improve the outcome of an appeal for veterans' disability.

Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for free to determine if we can help you. Call us today to set up your free assessment.