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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of an appeal denied.

Choose a veteran disability lawyer who is specialized in dealing with these cases, and who knows the VA's system from top to bottom. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits only if you prove that the condition you have is related to your military service. This is known as a nexus. There are a variety of evidence you can 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 conditions). Sometimes veterans have medically determinable disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is confirmed by experts who are impartial.

It is easier to establish a direct connection when illnesses or injuries occurred while you served in the military. For example, if you were struck in the head during service and now suffer headaches and concussions, there is a clear connection between the events that led to your current health condition.

It is a lot more difficult to become service-connected if you had a pre-existing condition that worsened during your military service. To prove that your service worsened or aggravated an existing medical condition, you must supply expert medical evidence that rises to the level of "clear and unmistakable" proof.

Appealing a denied application

The VA will review your application after you have submitted your application and provided medical evidence. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable, the veteran has a year to submit a notice of disagreement. A veteran's disability attorney can assist the claimant through the three decision review options: the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences and the military's culture when selecting the New York veterans' disability lawyer. This can make it simpler for you and decrease the requirement to explain your situation and experiences in layman's.

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

An experienced New York veterans disability law firm' disability attorney can assist you through every stage of your claim and appeals. They can assist you in submitting more medical evidence, file an official hearing, and also represent you in any Board meetings to ensure your case is handled without prejudice. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits or unemployment benefits.

How can I get a better rating

It could be that your disability becomes worse or your symptoms get more severe. In that situation it's logical to ask for an increase in your rating. A lawyer for veterans disability law firm can help with that process, and help you find evidence to back your request.

It's not unusual for the VA to make mistakes that result in a lower disability rating than you're entitled. It's a good idea to hire an expert to review your records for mistakes. They may have missed an injury or missed a problem which could be in conjunction with another condition to get an even higher rating.

You can still make a higher-level claim, or review if you've been assessed for more than a calendar year. This involves a thorough review of your file. It could result in changes to your effective date or a new rating that's more accurate to how you truly feel.

If you believe you're entitled to an assessment of 100 percent, or higher, it's worth seeking a supplemental claim. A disability lawyer can help create a compelling case for this rating that is reserved for the most debilitating disabilities. A mental health condition, for example, may allow you to receive a 100 percent disability rating, as it can hinder employment or cause frequent hospitalizations that do not normally trigger this level for a heart problem or other medical issues.

Helping with the Appeals Process

Contrary to what some believe, an VA denial of disability benefits does not mean that the person is not eligible for benefits. Former service members have one year to appeal a decision that is not favorable.

A skilled veterans disability attorney can assist a vet in determining which of the three appeals options is the best option for his situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can provide a veteran an opportunity to have a formal hearing front of an Veterans Law judge.

A New York veteran disability lawyer will give you the individualized 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. Additionally, some lawyers are veterans themselves, which means that they understand the challenges disabled veterans have to face. This creates an unique type of empathy, which can enhance the outcome of a case involving a disabled veteran.

The Sullivan & Kehoe team of highly-trained lawyers can review your VA disability claims for no cost to determine if we can help you. Call us today to arrange an evaluation for free.