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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to submitting an appeal of the denial of your claim.

Choose a veterans disability attorney who limits their practice to dealing with these cases and who is familiar with 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 approve disability benefits only if you prove that the condition is a result of your military service. This is referred to as a connection. There are different types of evidence you could demonstrate this connection, such as medical records or independent medical exams (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are instances when veterans have medically determined disabilities, but are unable to be considered service-connected due to incomplete or omitted documents. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and submit evidence that is backed by independent experts.

It is much easier to establish direct service connection for illnesses or injuries that occurred while in the military. For instance, if suffered head injuries in the course of your service and suffer from concussions and headaches, there is a clear connection between the events that led to your current condition.

However, it's more difficult to be connected if you have an existing medical condition that worsened when you were in the military. To prove that your service caused or aggravated a pre-existing condition, you'll need to present medical evidence from an expert that is "clear and undisputed".

Appealing a Denied Application

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA usually issues an opinion either approving or denial of benefits. If the decision is unfavorable the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can guide the claimant through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when choosing the New York veterans' disability lawyer. This will make it easier for you to understand and reduce the need to explain your situations and experiences in a layman's way.

You'll want a firm that will handle your case throughout the lengthy appeals procedure. Beware of companies that will only assist you with the first stages of your claim, and then go away.

A seasoned New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also assist in obtaining you benefits like monetary compensations, aid and education benefits, attendance benefits, or unemployedness.

Earning a higher rating

There could be a point when your disability becomes more serious or your symptoms become more difficult or wider. In that situation, it makes sense to ask for an increase in your rating. A lawyer for veterans' disability can assist with this procedure, and assist you in locating evidence to support your request.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled to. Whether they accidentally miss an injury that you suffer from or ignore a condition that could be a combination of other disabilities to earn an increase in rating, it's worth having an expert look over your records to spot any mistakes.

Even when it's been over a year since your initial rating decision, you still can file a higher-level review or supplemental claim. This includes a review of your entire file which could result in changes to the effective date of your claim and a new rating more accurate to the feelings you have.

It's also worth pursuing an additional claim or higher-level review if you believe you're entitled to a disability rate of 100 percent or more. A disability lawyer can assist you to develop a compelling argument for this rating, which is reserved only for the most serious disabilities. For instance, a mental health condition might qualify you for a 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that don't usually trigger this level of a rating for a cardiovascular disease or other medical problems.

Help with the Appeals Process

Contrary to what many believe the fact that a VA denial of disability benefits does not mean that the person isn't eligible to receive benefits. In fact, a former servicemember can wait one year from date the local veterans' hospital or office mails them a denial to file an appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the current three appeals options is best for his particular situation. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was wrong. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They will also have extensive experience managing VA disability claims, and are familiar with the rules and procedures in detail. In addition, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans disability lawsuit have to face. This can lead to a particular type of empathy which could help in the resolution of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can assist you. Call us today to set up an appointment for veterans disability attorney a free evaluation.