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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 against a denied claim.

Choose a veteran disability attorney that specializes in these cases and is well-versed with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it’s established that your condition is linked to your military experience. This is referred to as a nexus. There are a variety of evidence you can use to show this connection, including medical records and independent medical examinations (IME) and nexus letters from current health professionals or therapists (especially for mental health conditions). There are occasions where veterans are diagnosed with medical disabilities, but they are not able to be considered service connected due to insufficient or missing documents. These cases require the help of skilled New York disability lawyers who know how to present an entire claim and provide evidence that is supported by independent experts.

It is much easier to prove direct service connection for illnesses or injuries that you sustained while in the military. If you’ve been injured while during your military service and now suffer from headaches and concussions it is much easier to prove a direct service connection.

However, it’s harder to get connected if you suffer from a pre-existing medical condition that got worse during your time in the military. To prove that your service time has aggravated or exacerbated a pre-existing condition, you’ll need to provide expert medical evidence that is “clear and undeniable”.

Appealing a Denied Application

After submitting an application and submitting medical evidence, the VA will review the case. It usually issues a ruling that either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disparagement. A veterans disability attorney can help the claimant navigate through the three decision review options – a supplemental claim or higher-level review, or a direct appeal to the Board of Veterans’ Appeals.

Make sure the lawyer is knowledgeable of your military experiences and the culture of the armed services when selecting the New York veterans’ disability lawyer. This can help you feel more comfortable and eliminate the need for you to describe your experiences and situations in plain language.

You should also choose a firm who will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of companies that will only assist you with the first phases of your claim and then disappear.

An experienced New York veterans’ disability attorney can assist you through all phases of the claim, including appeals. They can help you submit more medical evidence, request an official hearing, and also represent you in any Board meetings to ensure that your case will be dealt with in a fair and fair manner. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, education benefits, or unemployability.

Earning a higher rating

It could be that your disability becomes worse or your symptoms become more severe. It is logical in this instance to seek a higher rating. A veteran disability lawyer can help you in this process and assist you to gather evidence to prove your claim.

It’s not uncommon to see the VA make mistakes, resulting in a lower rating than you deserve. If they overlook an injury or ignore a condition that could be combined with other disabilities in order to get an improved rating It’s worthwhile to have a professional look over your records to find any errors.

Even if it’s been more than one year since your initial rating decision, you still can file a higher-level review or supplemental claim. These are a thorough examination of your file, and could result in changes to your effective date or a new rating that’s more in line with how you feel.

If you believe you deserve an assessment of 100 percent or more, it’s worth making a claim for supplemental benefits. A disability lawyer can help you develop a compelling argument for this rating that is reserved for the most debilitating disabilities. A mental health problem for instance, might be a reason to get a 100% rating of disability because it could hinder your employment or cause frequent hospitalizations that don’t normally trigger this level for a heart problem or other medical issues.

Getting Help with the Appeals Process

Despite what some people may think that denying an appeal for disability by the VA isn’t the end of a person’s chances to receive benefits. Former service members have one year to appeal any decision that isn’t favorable.

An experienced lawyer for veterans can help a veteran decide which of the three current appeals routes is most suitable for their case. They can also help veterans put the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can provide a veteran an opportunity to have a formal hearing before a Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention your claim requires. They are also likely to have years of experience handling VA disability claims and know the rules and procedures inside and out. Some lawyers are veterans disability lawyers, and therefore know the challenges that disabled veterans disability lawyers face. This creates a distinct type of empathy that can improve the outcomes of a case involving a disabled veteran.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claims free of charge to determine if we are able to assist you. Call us today to set up an appointment for a free evaluation.