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Veterans Disability Lawyers

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

Select a veteran disability attorney that specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition you have is linked to your military service. This is called a nexus. You can make use of various types of evidence to prove the connection. This includes medical records, independent health examinations (IME), or an nexus note from current healthcare providers (especially in the case of mental health conditions). There are instances when veterans have medically determinable disabilities, but are unable to be service connected because of missing or incomplete records. These cases require the help of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is backed up by experts who are independent.

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

However, it’s more difficult to get service connected if you have an existing medical condition that worsened during your time in the military. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you’ll need to provide medical evidence from a professional that is “clear and undisputed”.

Appealing a Denied Application

After filing an application and submitting medical evidence, the VA will examine the case. The VA usually issues the decision of approving or disapproving benefits. If the decision is deemed unfavorable the veteran has one year to file a Notice of Disparagement. A veteran’s disability attorney can guide the claimant through the three decision review options – either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans’ Appeals.

When deciding on a New York mount pleasant veterans disability law firm disability lawyer, be sure to consider whether they have a good understanding of your military experiences and the military’s culture. This can make the process more comfortable and reduce the need for you to talk about your experiences and situations in plain language.

You’ll want a firm that will be working on your case throughout the multi-year appeals procedure. Be wary of firms that assist you with the initial stages of your claim, and then vanish.

An experienced New York Lochbuie Veterans disability lawyer disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help you win you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployability.

How to get a higher rating

It could happen that your disability gets worse or your symptoms get more severe. In that case it’s sensible to ask for an increase in your rating. A lawyer for veterans can assist with this procedure, and assist you in finding evidence to support your request.

It’s not unusual for the VA to make mistakes that result in a lower disability rating than you deserve. In the event that they fail to notice an injury you’ve suffered or miss a condition which could be linked to other disabilities to earn a higher rating it’s important to have an expert review your records to find any mistakes.

Even even if it’s been more than one year since the initial rating decision, you still can file an additional review or claim. These require a complete review of your file, and could result in changes to your effective date or an entirely new rating that’s more accurate to how you truly feel.

If you think you’re worthy of an assessment of 100 percent, or higher, you should consider applying for a supplemental claim. A disability lawyer can help you make a convincing case for this rating that is reserved for the most severe of disabilities. For example mental health issues could qualify you for an 100% disability rating because it could cause significant disruption to your work or frequent periods of hospitalization that do not usually trigger this level of rating for cardiovascular condition or other medical problem.

Need Help with the Appeals Process

Contrary to what some may believe, an VA denial of disability benefits does not mean that an individual has no chance of recovering benefits. In fact, a former veteran is given one year from the date that the local veteran’s hospital or office sends them a denial to appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the current three appeals options is best for his situation. They can also assist an individual vet put the evidence they need to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an additional formal hearing front of a Veterans Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they can give you the individual attention your claim requires. They also have extensive experience managing VA disability claims, and they are aware of the rules and procedures in detail. Some lawyers are veterans, so they know the challenges that disabled veterans face. This can create a special type of empathy which can improve the outcome of an appeal for veterans’ disability.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Call us today to arrange your complimentary evaluation.