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Veterans Disability Lawyers

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

Select a veteran disability attorney who is specialized in these cases and is well-versed with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if you can prove that the condition is linked to your military service. This is referred to as a linkage. There are many types of evidence to prove the connection. This includes medical records, independent health examinations (IME) or a an nexus note from current health care providers (especially in the case of mental health problems). There are instances that veterans suffer from medically-determined disabilities, but they cannot be considered service connected due to incomplete or omitted documents. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence backed by unbiased experts.

It is easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For instance, if were struck in the head in the course of your service and suffer headaches and concussions there is a clear link between those events and your current health condition.

It is harder to get connected to the military if you suffered from an existing medical condition that was worsened while you were in military service. To prove that your time in service aggravated or made worse an existing illness you must provide a doctor’s medical evidence that reaches the level of “clear and undeniable” proof.

Appealing an Denial

The VA will review your case after you have submitted your application and provided medical evidence. It typically issues a decision that either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A veterans disability attorney can help the claimant navigate through the three review options – the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans’ Appeals.

When choosing the right New York veterans disability lawyer Take into consideration whether they can understand your military background and army’s culture. This will make it easier for you and lessen the need to explain your situations and experiences in a layman’s way.

You should also choose a firm who will remain on your case throughout the duration of the appeals process over a period of years. Beware of firms that only assist you in the first phases of your case and then go away.

A seasoned New York veterans’ disability attorney can assist you through every stage of your claim and appeals. They can help you submit additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is dealt with fairly. They can also help you claim benefits such as monetary compensation, aid and attendance, educational benefits or unemployment benefits.

How can you get a better rating

It could happen that your disability becomes worse or your symptoms become more severe. It makes sense in this situation to ask for an increase in your rating. A lawyer for veterans disability attorneys can assist in that process, and Veterans Disability Lawyers can assist you in finding evidence to prove your claim.

It’s not uncommon for the VA to make mistakes that result in an under-rated rating than you deserve. If they miss an injury that you suffer from or overlook a problem that could be a combination of other disabilities to get a higher rating It’s a good idea to have an expert review your records to find any mistakes.

Even the fact that it’s been more a year since your initial rating decision, you still have the option of filing an additional review or claim. This could include a thorough review of your entire file, which could result in modifications to your effective date as well as a new rating that is more corresponding to your personal feelings.

If you believe that you are entitled to an assessment of 100 percent or more, it’s worth seeking a supplemental claim. A disability lawyer can help you build a strong case for this rating that is reserved for the most debilitating of disabilities. For instance, a mental health condition might qualify you for an absolute disability rating because it can cause a significant interruption to work or periods of hospitalization that do not typically trigger this kind of rating for cardiovascular disease or other medical issue.

Getting help with the Appeals Process

Despite what some people may believe the denial of an appeal for disability by the VA isn’t the end of an individual’s chances to get benefits. In fact, a former servicemember has one year from the date that the local veteran’s hospital or office sends them a decision that is not favorable to file an appeal.

A skilled veteran disability lawyer can help a veteran determine which of the three current appeals routes is most appropriate for their particular situation. They can also assist an individual vet put the evidence together needed to convince a higher-level reviewer that their previous decision was not right. They may also give a veteran an additional formal hearing before a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They are also likely to have years of experience handling VA disability claims, and they know the rules and procedures in and out. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans have to face. This creates a distinct type of empathy that can make a difference in the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Call us today to set up your complimentary evaluation.