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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From collecting medical and service proof to filing an appeal against an appeal denied.

Choose a lawyer for veterans who is specialized in handling these cases and knows the VA's system inside out. This will ensure your case is given the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you prove that the condition you suffer from is a result of your military service. This is called a nexus. There are various types of evidence that you could prove this connection, such as medical records as well as independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of skilled New York disability lawyers who are able to present an entire claim and provide evidence that is confirmed by experts who are impartial.

It is simpler to establish a direct connection if injuries or illnesses were sustained while serving in the military. If you've been injured while in the military, and now suffer from headaches and concussions, it's much easier to prove a direct service connection.

It is difficult to be connected to the military if you suffered from an existing condition that deteriorated while you were in military service. To prove that your service time caused or aggravated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a denied application

After filing an application and providing medical evidence, the VA will review the application. The VA will usually issue the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran is given a year to file a complaint. A veterans disability attorney can assist the claimant through the three review options - a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When deciding on the right New York veterans disability lawyer, be sure to consider whether they can understand your military experience and the military's culture. This can help you feel more comfortable and less demanding for you to explain your experience and circumstances in plain English.

You should also choose a firm that will work on your case for the duration of the appeals process over a period of years. Be wary of firms that help you with the initial stages of your case, only to then disappear.

An experienced New York veterans disability law firm' disability attorney can assist you at all phases of the claim and appeals. They can help you submit more medical evidence, request an official hearing, and represent you at any Board meetings so that your case is handled fairly. They can also assist in obtaining you benefits, such as monetary compensations, aid and education benefits, attendance benefits, or unemployedness.

How to get a higher rating

It could be that your disability gets worse or your symptoms get more severe. In that situation it's sensible to seek an increase in your rating. A veterans disability lawyer can assist with this process, and help you find evidence to support your request.

It's not common for the VA to make mistakes that lead to an under-reported disability rating than you deserve. In the event that they fail to notice an injury that you suffer from or overlook a problem which could be linked to other disabilities to earn an improved rating It's a good idea to have an expert review your records to identify any mistakes.

Even if it's been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These require a complete review of your dossier and may result in a change to your effective date or a new rating that's more accurate to how you feel.

It's also worth seeking an additional claim or higher-level review if you are entitled to a disability rating that is 100 percent or more. An attorney for disability can assist you in putting together a convincing argument for this type of rating, that is reserved for those with severe disabilities. For instance an illness that is mental might qualify you for an 100% disability rating due to the fact that it causes significant interference with employment or frequent periods of hospitalization. These don't normally trigger such the rating for a heart illness or other medical issues.

Help with the Appeals Process

Contrary to what many people think that denying claims for disability by the VA isn't the end of a person's chances to get benefits. In fact, a former veteran has a year from the date that the local veteran's hospital or office sends them a denial to appeal.

A skilled veteran disability lawyer can help a veteran decide which of the three current pathways for appealing would be most suitable for their case. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can give a veteran an additional formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention to your claim that you require. They will also have extensive experience in managing VA disability claims, and are familiar with the rules and procedures completely. Some attorneys are veterans disability attorneys, and therefore are aware of the difficulties faced by disabled veterans. This can result in a unique type of empathy which can help improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Contact us today for your free evaluation.