Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From gathering medical and service evidence 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 is proven that your condition is directly related to your military service. This is called a relationship. There are many types of evidence to prove the connection. This includes medical records, independent health exams (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health problems). There are instances that veterans suffer from medically-determined disabilities, but are unable to be considered service-connected due to insufficient or missing documents. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire claim and provide evidence that is backed up by independent experts.

It is much easier to establish a direct connection if injuries or illnesses occurred during your time in the military. If you were injured during your military service and now suffer from headaches or concussions it is much easier to establish a direct connection to the service.

It is a lot more difficult to become service-connected if there was a pre-existing condition that worsened while you were in military service. To show that your time in service aggravated or worsened a pre-existing condition, you will need to present medical evidence from an expert 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. The VA will typically issue an approval or denial of benefits. If the decision is unfavorable the veteran has one year to make a notice of disagreement. A veteran's disability attorney can guide 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 deciding on when choosing a New York veterans disability lawyer, be sure to consider whether they understand your military experience and military's culture. This can make the process more enjoyable and eliminate the need for you to talk about your experiences and circumstances in plain English.

You need a firm that will handle your case throughout the long appeals process. Beware of firms who only assist you in the initial stages of your claim and then go away.

An experienced New York veterans' disability attorney can assist you through all phases of the claim including appeals. They can help you submit more medical evidence, ask for an official hearing and represent you at any Board meetings to ensure your case will be dealt with fairly. They can also help you win your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployment benefits.

Getting a Higher Rating

It may happen that your disability becomes more severe or your symptoms become more severe. It is logical in this instance to seek an increase in rating. A lawyer for veterans disability attorney can help with that process, and assist you in locating evidence to back your request.

It's not uncommon for the VA make mistakes, resulting in an under-rated rating than you deserve. It's recommended to consult an expert to examine your records for any errors. They could have missed an injury or omitted a problem which could be in conjunction with another disability to receive an even higher rating.

You can still make a higher-level claim, or review if you've been given a rating for more than one 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 accurate to how you feel.

It's also worth seeking an additional claim or a more thorough review if you believe you are entitled to a disability rating of 100 percent or more. A disability lawyer can help you put together a convincing argument for this type of rating, which is reserved for very difficult to treat disabilities. A mental health issue such as depression, for instance, could qualify you for a 100 percent disability rating because it can interfere with employment or cause frequent hospitalizations that do not normally trigger this level for a cardiovascular problem or other medical issues.

Getting help with the Appeals Process

Contrary to what many people believe, the denial of claims for disability by the VA isn't the end of an individual's chances to receive benefits. In fact, a former servicemember is given one year from the date their local veterans hospital or office sends them a negative decision to appeal.

An experienced attorney for veterans can help a vet determine which of the current three options for appeal would be the most appropriate for his particular case. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was not correct. They may even be able to provide veterans with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention to your claim that you require. They also have extensive experience handling VA disability claims, Veterans Disability Lawyers and they know the rules and procedures inside out. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a distinct kind of empathy that can improve the outcome of an appeal for veterans' disability.

The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claims free of charge to determine if we are able to help you. Contact us now to schedule your complimentary evaluation.