So You ve Bought Veterans Disability Law ... Now What

Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to filing an appeal of a claim that has been denied.

Choose a veteran disability lawyer who focuses their practice on handling these cases and knows the VA's system inside and out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits when it can be confirmed that your illness is directly related to your military service. This is known as a "nexus. You can use a variety of evidence to prove this connection. These include medical records, independent health examinations (IME) or a nexus letter from current health care providers (especially in the cases of mental health issues). Sometimes, veterans suffer from medically-determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed up by independent experts.

It is much easier to prove direct service connection for illnesses or injuries that occurred while in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions, there is a clear connection between the two events and your current condition.

However, it's more difficult to get connected if you suffer from an existing medical condition that got worse while you were in the military. To prove that your service time has aggravated or exacerbated a pre-existing health condition, you'll have to present medical evidence 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 makes a decision which either approves or denies benefits. If the decision is not in favor the veteran has one year to file a Notice of Disparagement. A lawyer for veterans' disability can assist the applicant navigate the three decision review options -- an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience and the traditions of the armed forces when choosing a New York veterans' disability lawyer. This will make the process more relaxed and less demanding for you to describe your experiences and situations in plain language.

You want a firm who will take on your case throughout the multi-year appeals process. Be wary about firms that assist you with the initial stages of your claim, and then go away.

An experienced New York veterans' disability attorney can assist you at all phases of the claim including appeals. They can help you submit 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 in obtaining you benefits such as financial compensations, aid and attendance benefits, education benefits, or even unemployment.

How can you get a better rating

It could be that your disability gets worse or your symptoms become more severe. In that case it's logical to request an increase in your rating. A lawyer for veterans can assist in that process, and they can assist you in finding evidence to support your request.

It's not common for the VA to make mistakes that result in a lower disability rating than you're entitled. It's worth getting an expert to examine your records for errors. They might have missed an injury or left out an issue that could be coupled with another disability to receive an increase in rating.

You are still able to submit a higher-level claim or review if you've been rated for more than a calendar year. These involve a full review of your file, and could result in changes to your effective date or an entirely new rating that's more accurate to what you feel.

If you believe you're entitled to a rating of 100 percent, or higher, it's worth requesting a supplemental claim. An attorney for disability can help you create a convincing argument for this type of rating, which is reserved only for serious disabilities. A mental health problem, for example, may allow you to receive a 100% rating of disability because it can interfere with employment or cause frequent hospitalizations which are not typically triggering this level for a heart issue or other medical condition.

Assistance with the Appeals Process

Contrary what some believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that a person has no chance of recovering benefits. Former service members have a year to appeal any decision that isn't favorable.

An experienced lawyer for veterans can assist a veteran in determining which of the three ways to appeal is the best option for their situation. They can also assist veterans disability attorneys in obtaining the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can even assist a veteran with a more formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They will also have extensive experience in managing VA disability claims, and they are aware of the rules and procedures inside out. In addition, some attorneys are veterans themselves, which means that they understand the issues disabled veterans have to face. This creates a unique type of empathy, which can improve the outcomes of a case involving a disabled veteran.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims for free to determine if we are able to assist you. Call us today to set up your free assessment.