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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service evidence to filing an appeal on a denied claim A veteran disability lawyer can assist you throughout the entire claim process.

Select a veteran disability attorney who is specialized in handling these cases and is aware of the VA’s system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if you can prove that the condition is related to your military service. This is known as a nexus. There are many types of evidence you could prove the 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 have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire claim and submit evidence backed by impartial experts.

It is simpler to prove a direct connection when injuries or illnesses were sustained while serving in the military. For example, if you were struck in the head while serving and are now suffering headaches and concussions, there is a clear connection between the events that led to your current condition.

However, it is harder to get connected if you have an existing medical condition that got worse when you were in the military. To prove that your service caused or aggravated a pre-existing condition, you will need to provide medical evidence from a professional that is “clear and undeniable”.

Appealing an Denial

After submitting an application and providing medical evidence, the VA will review the application. The VA typically issues the decision of approving or disapproving benefits. If the decision is unfavorable, the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three possible review options including an additional claim, a more extensive review or a direct appeal to the Board of Veterans’ Appeals.

When deciding on when choosing a New York veterans disability lawyer Be sure to think about whether they understand your military experience and army’s culture. This can make the process more relaxed and less demanding for you to talk about your experiences and situations in plain language.

You also want a firm that will continue to work on your case for the duration of the appeals process over a period of years. Beware of companies that will only assist you with the initial stages of your claim and then go away.

A seasoned New York veterans’ disability attorney can help you with all stages of the claim and appeals. They can help you submit more medical evidence, ask for an official hearing and represent you in any Board meetings so that your case will be handled in a fair manner. They can also help you win you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or unemployability.

How can I get a better rating

It may happen that your disability gets more severe or your symptoms become more severe. In this case it’s logical to seek an increase in your rating. A veterans disability lawyer can assist with this process, and can help you dig up evidence to back your request.

It’s not uncommon to see the VA to make errors, which could result in receiving a lower score than you deserve. It’s a good idea to hire an expert to review your records for mistakes. They could have missed an injury or neglected to mention a problem which could be in conjunction with another disability to get an even higher rating.

You may still make a higher-level claim, or review if you’ve been given a rating for more than one calendar year. This could include a thorough review of your entire file, which could result in changes to your effective date as well as the creation of a new rating that is more precise to your personal feelings.

If you believe you’re entitled to a rating of 100 percent, or higher, it’s worth making a claim for supplemental benefits. An attorney for disability can help you put together a convincing argument for this type of rating which is reserved for very serious disabilities. A mental health condition for instance, might make you eligible for a 100 percent disability rating, as it could hinder your employment or result in frequent hospitalizations that are not typically triggering this level for a cardiovascular issue or other medical condition.

Helping with the Appeals Process

Despite what some people may think, the denial of an application for disability benefits by the VA is not the end of an individual’s chances to recover benefits. In fact, a former veteran has a year from the date that their local veterans hospital or office sends 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 ways to appeal is most appropriate for their particular situation. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can even assist veterans with a formal hearing before an Veterans Law Judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim deserves. They also have a wealth of experience in dealing with VA disability claims and are aware of the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a distinct type of empathy that may improve the outcomes of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us today to arrange an evaluation for free.