Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim A veteran disability lawyer can assist you through the entire claims process.
Select a veteran disability attorney that specializes in these types of cases and is familiar 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 you can prove that the condition is related to your military service. This is referred to as nexus. There are a variety of evidence you could use to show this connection, such as medical records or independent medical exams (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to present a complete claim and present evidence that is backed up by independent experts.
It is easier to prove an immediate connection with your service to illnesses or injuries that occurred while in the military. If you were injured during your military service and now suffer from headaches or concussions it is much easier to prove a direct service connection.
However, it's more difficult to be connected if you suffer from a pre-existing medical condition that grew worse when you were in the military. To prove that your time in the military caused or aggravated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and undeniable".
Appealing a Denial
After submitting an application and providing medical evidence, the VA will review the application. The VA will usually issue an opinion either approving or denial of benefits. If the decision is deemed unfavorable the veteran is given one year to make a notice of disagreement. A veterans disability lawyer can assist the claimant through the three decision review options which include an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.
When deciding on the right New York veterans disability lawyer Be sure to think about whether they can understand your military background and army's culture. This will make it easier for you and decrease the necessity to explain your circumstances and experiences in layman's language.
You also need a company who will remain on your case throughout the entire multi-year appeals process. Beware of companies that will only assist you in the initial stages of your claim, and then disappear.
A seasoned New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you to obtain benefits including monetary compensation, aid and attendance, education benefits or unemployability benefits.
How do I obtain a higher rating
There might come a time when your disability becomes more serious or your symptoms become more difficult or wider. It is logical in this case to request an increase in your rating. A veterans disability lawyer can assist you in this process, and can assist you in finding 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. It's worth getting a professional to check your records for any errors. They might have missed an injury or neglected to mention an issue that could be added to another disability to get an even higher rating.
You may still file a higher-level claim and review if you've been given a rating for more than one calendar year. This involves a thorough review of your file and can result in an amendment to your effective date or an entirely new rating that's more accurate to what you truly feel.
If you believe you're entitled to a rating of 100 percent, or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help make a convincing case for this rating which is only available for the most serious disabilities. For example the mental health issue could qualify you for a 100% disability rating because it could cause significant interruption to work or periods of hospitalization that do not usually trigger this level of an assessment for a cardiovascular condition or other medical problem.
Getting help with the Appeals Process
Despite what some think that denial of a disability claim by the VA isn't the end of a person's chances to collect benefits. In fact, a former veteran can wait one year from date that their local veterans hospital or office mails 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 suitable for their case. They can also help a vet in gathering the evidence required to convince a higher-level reviewer the previous decision was not right. They may even be able to provide a veteran with a formal hearing before an Veterans Law Judge.
A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have a wealth of experience managing VA disability claims, and they know the rules and procedures completely. In addition, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans have to face. This creates a unique 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 whether we can assist you. Contact us today for an appointment for a free evaluation.