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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal of a claim that has been denied.

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

Proving Service Connection

The VA will only offer disability benefits if it can be confirmed that your illness is related to your military service. This is referred to as a linkage. There are different types of evidence that you could use to show this connection, including medical records as well as independent medical examinations (IME) and nexus letters from current healthcare providers or therapists (especially for mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but cannot be considered service connected due to the absence of or insufficient records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence backed by impartial experts.

It is much easier to prove direct service connection for illnesses or injuries that occurred while in the military. For instance, if you suffered head injuries while serving and are now suffering headaches and concussions, there is a clear link between the events that led to the current condition you are suffering from.

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 time in service worsened or aggravated a pre-existing illness You must present expert medical evidence that rises to the level of "clear and unmistakable" evidence.

Appealing to a Denial

After filing an application and providing medical evidence, the VA will examine the case. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veterans disability lawyer can assist the applicant navigate the three options for review that include the supplemental claim, the higher-level review or a direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This can help you feel more comfortable and reduce the need for you to describe your experiences and circumstances in plain English.

You want a firm who will be working on your case through the lengthy appeals procedure. Beware of firms that only help 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 assist you in submitting additional medical evidence, request an official hearing and represent you at any Board sessions to ensure that your case is handled without prejudice. They can also assist you to win your benefits, including monetary compensation, aid and attendance, educational benefits or unemployability benefits.

Getting a Higher Rating

It could be that your disability becomes worse or your symptoms get more severe. It makes sense in this situation to ask for a higher rating. A lawyer for veterans can assist in that process, and they can help you dig up evidence to justify your request.

It's not unusual for the VA to make errors, which could result in receiving a lower score than you deserve. It's worth getting a professional to check your records for errors. They may have overlooked an injury or missed a problem which could be in conjunction with another condition to get an increase in rating.

Even when it's been over one year since your initial rating decision, you can file an additional review or claim. These include a review of your entire record, which can result in changes to your effective date as well as an updated rating that is more true to the feelings you have.

If you believe you're entitled to a rating of 100 percent or higher, consider seeking a supplemental claim. An attorney for disability can help you create a compelling argument for this type of rating that is reserved for those with serious disabilities. For instance the mental health issue could qualify you for an absolute disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization. These don't normally trigger such a rating for a cardiovascular illness or other medical issues.

Helping with the Appeals Process

Despite what some people may believe the denial of an appeal for disability by the VA isn't the end of an individual's chances to collect benefits. Former military personnel have a year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three pathways for appealing would be the best option for their situation. They can also help veterans gather the evidence they need to convince a higher-level reviewer that their previous decision was not right. They can even provide a veteran with a formal hearing before an veterans disability lawsuit Law Judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they'll give you the attention and care that your claim demands. They also have a lot of experience in dealing with VA disability claims, and are familiar with the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means they understand the issues disabled veterans have to face. This creates a unique kind of empathy that can make a difference in the outcome of a case involving a disabled veteran.

Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claim for free to determine if we can help you. Contact us today to arrange an appointment for a free evaluation.