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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From gathering medical and service evidence to filing an appeal of the denial of your claim.

Choose a veterans disability attorney who is specialized in dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it is confirmed that your illness is related to your military service. This is referred to as a nexus. You can use different types of evidence to prove this connection. This includes medical records, independent health exams (IME) or a the nexus letters from current health care providers (especially in the cases of mental health issues). There are instances when veterans disability law firm have medically determinable disabilities, but they are not able to be considered service connected due to incomplete or omitted documents. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence backed by unbiased experts.

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

It is more difficult to be service-connected if there was an existing condition that deteriorated while you were in military service. To show that your time in service was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to present medical evidence that is “clear and irrefutable”.

Appealing a denied application

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. It usually issues a decision which either approves or denies benefits. If the decision is not favorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant in navigating the three possible review options including an additional claim, a higher-level review or a direct appeal to the Board of Veterans’ Appeals.

When selecting the right New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experience and the army’s culture. This will help you feel more comfortable and reduce the need for you to explain your experience and the circumstances in layman’s terms.

You also want a firm who will remain on your case throughout the entire duration of your appeal. Beware of companies that will only assist you with the first stages of your claim and then go away.

A seasoned New York veterans disability law firms disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.

Earning a higher rating

There could be a point that your disability becomes more severe or your symptoms become more complex or broader. It is logical in this situation to ask for a higher rating. A veterans disability lawyer can help with that process, and assist you in locating evidence to prove your claim.

It’s not unusual for the VA make mistakes, which can result in receiving a lower score than you deserve. If they overlook an injury or overlook a problem that could be a combination of other disabilities to earn a higher rating It’s worthwhile to have a professional look over your records to identify any mistakes.

Even the fact that it’s been more a year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These can include a review of your entire record, which could result in changes to the effective date of your claim and a new rating that is more corresponding to your personal feelings.

If you think you’re worthy of an assessment of 100 percent, or higher, consider requesting a supplemental claim. A disability lawyer can help you develop a convincing argument for this type of rating, which is reserved for very severe disabilities. For instance the mental health issue could be a reason to get a 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that do not usually trigger this level of an assessment for a cardiovascular disease or other medical issue.

Getting Help with the Appeals Process

Contrary to what some may believe that denial of claims for disability by the VA is not the end of a person’s chances to get benefits. In fact, a former servicemember can wait one year from date that the local veteran’s hospital or office mails them a decision that is not favorable to appeal.

An experienced veterans disability lawyer can assist a veteran in determining which of the three ways to appeal is the best option for their situation. They can also assist a vet get the evidence needed to convince a higher-level reviewer that their previous decision was not right. They can give a veteran an extra formal hearing front of a Veterans Law judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim deserves. They also have extensive experience handling VA disability claims and understand the rules and procedures inside and out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This creates a unique type of empathy, which can improve the outcomes of a veterans disability case.

Sullivan & Kehoe’s team of highly trained lawyers will review your VA disability claims for free to determine if we can assist you. Contact us today to arrange your free assessment.