Veterans Disability Lawyers

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

Select a veteran disability attorney who is specialized in these types of cases and is familiar with the VA system. This will ensure your case is given the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it is proved that your condition is directly related to your military service. This is referred to as a nexus. You can make use of various types of evidence to prove this connection. These include medical documents, independent health examinations (IME) or a nexus letter from current health care providers (especially in the situation of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is confirmed by unbiased experts.

It is much easier to establish a direct connection when injuries or illnesses occurred while you served in the military. If you suffered injuries in the military and now suffer from headaches or concussions it is much easier to prove a direct service connection.

It is a lot more difficult to become service-connected if there was a pre-existing condition that worsened during your military service. To show that your time in service aggravated or worsened a pre-existing health condition, you'll have to provide medical evidence from a professional that is "clear and irrefutable".

Appealing a Denial

After filing an application and submitting medical evidence, the VA will examine the case. The VA usually issues an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has one year to make a notice of disagreement. A veterans disability attorney can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer, be sure to consider whether they understand your military experience and the army's culture. This can help you feel more comfortable and veterans disability lawyers eliminate the need for you to describe your experiences and situations in plain language.

You also need a company who will continue to work on your case for the duration of the appeals process over a period of years. Beware of firms who only assist you with the initial stages of your case, and then vanish.

An experienced New York veterans' disability lawyer can assist you in all stages of the claim and appeals. They can help you submit additional medical evidence, request an official hearing, and also represent you at any Board meetings so that your case will be handled without prejudice. They can also help you obtain benefits like monetary compensation, aid and attendance, education benefits or unemployed benefits.

How to get a higher rating

There may come a time when your disability gets worse or your symptoms become broader or more challenging. It is logical in this situation to ask for an increase in rating. A lawyer for veterans can help with that procedure, and help you find evidence to support your request.

It's not common for the VA to make mistakes that result in an lower disability rating than you're entitled to. It's worth getting an expert to examine your records for any errors. They may have overlooked an injury or left out any issue that could have been combined with another condition to get a higher rating.

You may still make a higher-level claim, or review if you've been evaluated for more than a calendar year. These require a complete review of your file, and could result in a change to your effective date or a new rating that's more in line with how you truly feel.

If you believe that you are entitled to an assessment of 100 percent or more, it's worth seeking a supplemental claim. A disability lawyer can help create a compelling case for this rating which is reserved for the most debilitating disabilities. For instance an illness that is mental might qualify you for an absolute disability rating because it can cause a significant disturbance to your job or frequent periods of hospitalization. These don't usually trigger this level of the rating for a heart disease or other medical problems.

Getting help with the Appeals Process

Despite what some believe, the denial of an application for disability benefits by the VA is not the end of an individual's chance to collect benefits. In fact, a former military member has a year from the date the local veterans' hospital or office sends them a denial to appeal.

A skilled veterans disability attorney can assist a veteran in determining which of the current three appeal options is the best option for his case. They can also assist an individual vet put the evidence needed to convince a higher level reviewer that the previous decision was incorrect. They can also provide a veteran with an opportunity to have a formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention your claim requires. They also have a wealth of experience in dealing with VA disability claims, and they know the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means they are aware of the difficulties disabled veterans disability lawyers have to face. This creates an unique type of empathy that may improve the outcomes of a disability claim for veterans.

The Sullivan & Kehoe team of highly trained lawyers can review your VA disability claims for free to determine if we are able to help you. Call us today to schedule your free evaluation.