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Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From gathering medical and service proof to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the entire claims process.

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

Proving Service Connection

The VA will only award disability benefits if they can prove that the condition you have is linked to your military service. This is called a nexus. There are a variety of evidence you can prove this connection, including medical records, independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health issues). There are times where veterans are diagnosed with medical disabilities, but cannot be considered to be service-connected due missing or incomplete records. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and present evidence that is backed up by independent experts.

It is much easier to prove a direct service connection if injuries or illnesses occurred while you served in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions, there is a clear connection between the two events and the current condition you are suffering from.

However, it’s more difficult to be connected if you have a pre-existing medical condition that grew worse while you were in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you’ll need to present medical evidence from an expert that is “clear and irrefutable”.

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical proof. It typically issues a decision which either approves or denies benefits. If the decision isn’t favorable, the veteran is given a year to file a notice of disagreement. A disability attorney for veterans can help the claimant navigate through the three decision review options – the supplemental claim, or a higher-level review, or an direct appeal before the Board of luray veterans disability lawyer‘ Appeals.

When selecting when choosing a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and traditions of the armed forces. This can make the process more enjoyable and less demanding for you to describe your experiences and situations in layman’s terms.

You should also choose a firm that will continue to work on your case throughout the entire duration of your appeal. 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 more medical evidence, file an official hearing and assist you at any Board meetings to ensure your case will be dealt with in a fair manner. They can also help you get your benefits, like monetary compensation aid and attendance, education benefits, or unemployment benefits.

Achieving a Higher Rating

It is possible that your disability gets worse or your symptoms get more severe. In that situation it is sensible to seek an increase in your rating. A veteran disability lawyer can assist you with this process and assist you to gather evidence to prove your claim.

It’s not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you’re entitled. If they miss an injury you have or ignore a condition that could be a combination of other disabilities in order to get higher ratings, it’s worth having a professional look over your records to look for errors.

You can still make a higher-level claim, or review if you’ve been rated for more than a calendar year. These include a review of your entire record, that could lead to changes to your effective date and a new rating more accurate to what you feel.

It’s also worth pursuing an additional claim or a higher-level review if you believe you’re entitled to a disability rate of 100 percent or greater. An attorney for disability can help you develop an argument that is convincing for this kind of rating, that is reserved for those with severe disabilities. A mental illness, for example, may qualify you for a 100% rating of disability because it can interfere with employment or result in frequent hospitalizations that don’t normally trigger this level of severity for a heart issue or other medical condition.

Need Help with the Appeals Process

Contrary to what many believe contrary to what many may think, an VA denial of disability benefits does not mean that a person is in no position to claim benefits. Former service members have one year to appeal a decision that is not favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be most appropriate for their particular situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can also provide a veteran with an opportunity to have a formal hearing before a Veterans Law judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim demands. They are also likely to have years of experience dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Additionally, some lawyers are veterans themselves, which means they understand the challenges that disabled veterans have to face. This can create a distinct type of empathy which can help improve the outcome of an appeal for veterans’ disability.

Sullivan and Kehoe’s team experienced lawyers can evaluate your VA disability claim for free to determine if we are able to assist you. Contact us today for an appointment for a free evaluation.