Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to submitting an appeal of the denial of your claim.
Choose a lawyer for veterans that is solely handling these cases and is aware of the VA's system inside and out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only award disability benefits if they can prove that the condition you have is connected to your military service. This is known as a relationship. There are many types of evidence to prove this connection. These include medical records, independent health examinations (IME) or a an nexus letter from your current health care providers (especially in the case of mental health conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire case and submit evidence backed by impartial experts.
It is simpler to establish a direct connection when illnesses or injuries occurred while you served in the military. If you suffered injuries during your military service and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.
However, it is harder to get connected if you suffer from an existing medical condition that worsened while in the military. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undisputed".
Appealing to a Denial
After filing an application and submitting medical evidence after which the VA will review the application. The VA typically issues an approval or denial of benefits. If the decision is not favorable, the veteran is given one year to submit a notice of disagreement. A lawyer for veterans' disability can assist the claimant through the three decision review options that include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.
Consider whether the lawyer understands your military experiences and the culture of the armed services when choosing a New York veterans' disability lawyer. This will make the process more relaxed and eliminate the need for you to describe your experiences and situations in layman's terms.
You need a firm that will be working on your case throughout the lengthy appeals process. Beware of firms who only assist you with the initial phases of your claim and then disappear.
A seasoned New York veterans disability lawsuit disability attorney can help you through all phases of your claim including the appeals process. They can help you submit additional medical evidence, request an official hearing, and also represent you in any Board meetings to ensure your case will be dealt with fairly. They can also assist you to get your benefits, including monetary compensation, aid and attendance, educational benefits or veterans disability Lawyers unemployability benefits.
How to get a higher rating
It could be that your disability becomes worse or your symptoms become more severe. In this case, it makes sense to ask for an increase in your rating. A veteran disability lawyer can help you in this process, and also help you gather evidence to back your claim.
It's not unusual for the VA to make errors, which could result in receiving a lower score than you deserve. If they overlook an injury that you suffer from or overlook a problem that could be a combination of other disabilities to get higher ratings, it's worth having an expert review your records to find any errors.
You can still file a higher-level claim or review if you have been rated for more than a calendar year. These are a thorough examination of your dossier and may result in a change to your effective date or an entirely new rating that's more in line with how you really feel.
It's also worth looking into an additional claim or a more thorough review if you believe you're entitled to a disability rate of 100 percent or greater. An attorney for disability can help you create a compelling argument for this kind of rating, that is reserved for those with debilitating disabilities. A mental health condition like this one, for instance, may allow you to receive a 100 percentage disability rating since it could hinder your employment or cause frequent hospitalizations which do not normally trigger this level for a heart issue or other medical condition.
Need Help with the Appeals Process
Despite what some think the denial of an appeal for disability by the VA is not the end of an individual's chance to receive benefits. Former military personnel have a year to appeal any decision that isn't favorable.
An experienced attorney for veterans can assist a veteran in determining which of the current three pathways for appeal is best for his situation. They can also help an individual in assembling the evidence required to convince a higher-level reviewer their prior decision was incorrect. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention you require for your claim. They are also likely to have years of experience handling VA disability claims and are aware of the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means that they are aware of the difficulties disabled veterans face. This creates a unique type of empathy that can make a difference in the outcome of a case involving a disabled veteran.
Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claims for free to determine if we can help you. Contact us today for your complimentary evaluation.