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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From assembling medical and service evidence to filing an appeal against a denied claim.

Choose a veterans disability attorney who is specialized in handling these cases and is aware of the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be established that your condition is directly related to your military service. This is referred to as nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is supported by experts who are impartial.

It is much easier to establish that there is a direct connection to your service for illnesses or injuries that occurred while in the military. For instance, if suffered head injuries during service and now suffer headaches and concussions there is a clear link between the two events and your current condition.

It is harder to get connected to a service if you have an existing condition that got worse while you were in military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to provide expert medical evidence that is "clear and irrefutable".

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical proof. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a notice of disagreement. A veterans disability lawyer can assist the claimant through the three options for review that include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer Make sure you consider whether they have a good understanding of your military experience and the culture of the armed forces. This will make the process more relaxed and less demanding for you to explain your experience and situations in layman's terms.

You also need a company that will work on your case for the duration of the appeals process over a period of years. Be wary of companies that assist you with the initial stages of your claim and then go away.

An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. 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 dealt with fairly. They can also assist you in obtaining you benefits like cash compensations, aid or education benefits, attendance benefits, or even unemployment.

Receiving a Better Rating

There may come a time that your disability becomes more severe, or your symptoms get more complicated or broad. In that case it is sensible to seek an increase in your rating. A veterans disability lawyer can assist with this process, and assist you in locating evidence to support your request.

It's not uncommon for the VA to make mistakes that result in being awarded a lower rating than what you deserve. In the event that they fail to notice an injury that you suffer from or overlook a problem that could be a combination of other disabilities to receive higher ratings It's a good idea to have an expert review your records to find any errors.

You may still make a higher-level claim, or review if you have been rated for more than a calendar year. These involve a full review of your file, and could result in changes to your effective date or an updated rating that is more accurate to how you feel.

If you believe you're entitled to an assessment of 100 percent or more, it's worth requesting a supplemental claim. A disability lawyer can help you develop an argument that is convincing for this type of rating which is reserved for very serious disabilities. A mental health problem such as depression, for instance, could allow you to receive a 100% rating of disability because it could affect your job or trigger frequent hospitalizations that don't normally trigger this level for a heart problem or other medical issues.

Assistance with the Appeals Process

Contrary to what some believe the fact that an VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former military member has a year from the date their local veterans hospital or office mails them a decision that is not favorable to file an appeal.

An experienced veterans disability lawyer can assist a veteran in determining which of the three current appeals routes is best for their case. They can also assist veterans put the evidence together needed to convince a higher-level reviewer that their previous decision was not right. They can even assist veterans with a more formal hearing before an Veterans Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim demands. They will also have extensive experience managing VA disability claims, and are familiar with the rules and procedure completely. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans face. This creates a distinct type of empathy that may improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to arrange your free assessment.