Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From collecting medical and service proof to filing an appeal of a denied claim.

Choose a veteran disability lawyer who limits their practice to dealing with these cases and who is familiar with the VA system from head to toe. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it's established that your condition is linked to your military experience. This is called a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). Sometimes, veterans have medically determined disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability attorneys who know how to present an entire claim and provide evidence that is backed by independent experts.

It is much easier to establish a direct service connection when illnesses or injuries occurred while you served in the military. If you've been injured while in the military and now suffer from headaches or concussions, it's much easier to establish a direct connection to the service.

However, it's more difficult to be connected if you suffer from a pre-existing medical condition that became worse while in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to present medical evidence from an expert that is "clear and irrefutable".

Appealing to a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling that either approves or denies benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the applicant navigate the three options for review -- the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing a New York broadview heights veterans disability law firm disability lawyer Be sure to think about whether they have a good understanding of your military experience and the culture of the armed forces. This will make the process more comfortable and less requiring you to talk about your experiences and situations in plain language.

You'll want a firm that will handle your case throughout the multi-year appeals procedure. Beware of firms who only help you with the initial phases of your claim and then go away.

A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting more medical evidence, file an official hearing, and represent you at any Board sessions to ensure that your case is handled fairly. They can also assist you to win your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployment benefits.

How can you get a better rating

It could happen that your disability gets worse or your symptoms become more severe. It is logical in this situation to ask for an increase in the rating. A veteran disability lawyer can assist you in this process, and also help you collect evidence to back your claim.

It's not common for the VA to make mistakes that lead to a lower disability rating than you're entitled. If they overlook an injury or miss a condition that could be a combination of other disabilities to receive a higher rating, it's worth having a professional look over your records to look for errors.

Even the fact that it's been more one year since you made your initial rating decision, you can file a higher-level review or supplemental claim. These involve a full review of your file, and could result in changes to your effective date or an updated rating that is more in line with how you feel.

If you believe you're entitled to an assessment of 100 percent, or higher, consider seeking a supplemental claim. A disability attorney can help you develop a compelling argument for this type of rating, which is reserved for extremely debilitating disabilities. A mental health problem, for example, may qualify you for a 100% rating of disability because it could hinder your employment or cause frequent hospitalizations that do not normally trigger this level of severity for a heart problem or other medical conditions.

Need Help with the Appeals Process

Contrary to what some believe, an VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former servicemember has one year from the date that their local veterans hospital or office sends them a decision that is not favorable to appeal.

An experienced veterans disability lawyer can help a veteran determine which of the three current appeals routes is most appropriate for their particular situation. They can also assist veterans gather the evidence together needed to convince a higher level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention that your claim needs. They are also likely to have a vast experience handling VA disability claims and understand the rules and procedures from top to bottom. Some lawyers are veterans, and therefore know the challenges that disabled Los Banos nazareth veterans disability lawsuit Disability Attorney - Vimeo.Com - face. This can lead to a particular type of empathy which could help in the resolution of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to assist you. Call us today to schedule an appointment for a free evaluation.