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Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From gathering evidence of medical and other service to submitting an appeal of a denied claim.

Choose a veterans disability attorney that is solely handling these cases and knows the VA's system from top to bottom. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if they can prove that the condition you are suffering from is a result of your military service. This is referred to as linkage. There are many types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the cases of mental health issues). There are times when veterans suffer from 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 lawyers who know how to make a complete claim and present evidence that is confirmed by experts who are independent.

It is easier to prove a direct service connection if injuries or illnesses occurred while you served in the military. For instance, if you received a head injury during service and now suffer headaches and concussions, there is a clear connection between these events and your current health condition.

It is harder to get connected to the military if you suffered from a pre-existing condition that worsened during your military service. To show that your time in service has aggravated or exacerbated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a denied application

The VA will review your application after you have submitted your application and submitted medical evidence. It usually issues a decision that either approves or denies benefits. If the decision is deemed unfavorable the veteran is given one year to file a Notice of Disagreement. A veterans disability lawyer can help the claimant navigate the three review options including an additional claim, a higher-level review or an appeal directly to the Board of veterans disability attorneys' Appeals.

When selecting the right New York veterans disability lawyer, be sure to consider whether they have a good understanding of your military experiences and the traditions of the armed forces. This can make the process more enjoyable and eliminate the need for you to explain your experience and circumstances in plain English.

You want a firm who will handle your case throughout the multi-year appeals process. Beware of firms that only assist you with the initial stages of your claim and then disappear.

A seasoned New York veterans' disability lawyer can assist you in all stages of the claim including appeals. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to claim benefits like monetary compensation aid and attendance, education benefits or unemployed benefits.

Getting a Higher Rating

There may come a time when your disability gets worse or your symptoms become more difficult or wider. In that situation it's sensible to request a higher rating. A veterans disability lawyer can assist you in this process, and they can help you dig up evidence to justify your request.

It's not unusual to see the VA to make mistakes that result in receiving a lower score than you deserve. It's recommended to consult an expert to look over your records for any errors. They may have overlooked an injury or missed an issue that could be combined with another disability to get a higher rating.

Even the fact that it's been more one year since your initial rating decision, you have the option of filing an additional review or claim. This could include a thorough review of your entire record, which can result in modifications to your effective date and the creation of a new rating that is more precise to your personal feelings.

If you believe you're entitled to an assessment of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability attorney can help you develop a compelling argument for this type of rating which is reserved only for debilitating disabilities. For instance the mental health issue could qualify you for an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization that do not typically trigger this kind of an assessment for a cardiovascular disease or other medical problems.

Getting Help with the Appeals Process

Contrary to what some believe, a VA denial of disability benefits doesn't mean that the person is in no position to claim benefits. In fact, a former veteran is given one year from the date the local veterans' hospital or office mails them a negative decision to file an appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three appeals routes is most suitable for their case. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that the previous decision was not right. They can even assist veterans with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention that your claim needs. They also have a vast experience dealing with VA disability claims, and they know the rules and procedures inside and out. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can create a special type of empathy which can improve the outcome of an appeal for veterans' disability.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for free to determine if we can help you. Contact us today to arrange your complimentary evaluation.