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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to filing an appeal on a denied claim A veteran disability lawyer can help you through the entire claims process.

Choose a lawyer for veterans who focuses their practice on dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it is confirmed that your illness is directly related to your military service. This is called a nexus. There are various types of evidence you could prove the connection, including medical records and independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities, but are not able to be connected due to missing or incomplete military treatment records. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence backed by impartial experts.

It is easier to establish a direct service connection when illnesses or injuries occurred while you served in the military. For example, if you suffered head injuries while serving and are now suffering headaches and concussions, there is a clear link between these events and your current health condition.

It is difficult to be service-connected if there was a pre-existing condition that worsened while you were in military service. In order to prove that your military service worsened or aggravated a pre-existing illness you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing an Denial

After submitting an application and submitting medical evidence, the VA will review the application. The VA will usually issue an opinion either approving or denial of benefits. If the decision is not favorable, the veteran has one year to make a formal complaint. A Veterans Disability law firms disability lawyer can help the claimant navigate the three possible review options which include the supplemental claim, the higher-level review or an appeal directly to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience as well as the traditions of the armed forces when selecting a New York veterans' disability lawyer. This will make the process more enjoyable and eliminate the need for you to explain your experiences and situations in layman's terms.

You also want a firm that will continue to work on your case for the duration of the appeals process over a period of years. Be wary of firms that only assist you in the initial stages of your claim, and then disappear.

A seasoned New York veterans' disability attorney can assist you through all stages of the claim including appeals. They can help you submit more medical evidence, ask for an official hearing and represent you in any Board sessions to ensure that your case will be handled in a fair manner. They can also help win you benefits like cash compensations, aid or attendance benefits, educational benefits, or unemployedness.

Achieving a Higher Rating

There may come a time when your disability becomes more serious, or your symptoms get more complex or broader. It is logical in this case to request an increase in rating. A veteran disability lawyer can assist you in this process and help you gather evidence to back your claim.

It's not common for the VA to make mistakes that result in an lower disability rating than you're entitled. If they overlook an injury that you suffer from or overlook a problem which could be linked to other disabilities to earn an improved rating it's important to have an expert look over your records to spot any errors.

Even if it's been more than one year since your initial rating decision, you can file an additional review or claim. This involves a thorough review of your file, and could result in changes to your effective date or an updated rating that is more accurate to what you feel.

If you think you're worthy of an assessment of 100 percent or higher, you should consider making a claim for supplemental benefits. A disability lawyer can help you build a strong case for this rating which is only available for the most debilitating of disabilities. A mental illness, for example, may make you eligible for a 100% rating of disability because it can interfere with employment or result in frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or any other medical condition.

Need Help with the Appeals Process

Contrary to what some may think that denying claims for disability by the VA isn't the end of an individual's chances to recover benefits. In fact, a former soldier has a year from the date their local veterans hospital or office sends them a denial to file an appeal.

An experienced veteran disability attorney can help a vet determine which of the three pathways for appeal would be best for his particular case. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can also provide a veteran with an additional formal hearing front of a Veterans Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim demands. They also have years of experience dealing with VA disability claims and know the rules and procedures both inside and outside. Some lawyers are veterans, so they know the challenges that disabled veterans disability lawsuits face. This creates a distinct type of empathy, which can help improve the outcome of a veterans disability case.

Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for no cost to determine whether we can help you. Call us today to schedule your free assessment.