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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From assembling medical and service evidence to submitting an appeal of a denied claim.

Select a veteran disability attorney who is specialized in handling these cases and is aware of the VA's system inside and out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits only if you prove that the condition you are suffering from is connected to your military service. This is known as a relationship. You can use a variety of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a an nexus note from current health care providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities, but are not able to be connected due to incomplete or insufficient military treatment records. 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 by independent experts.

It is much easier to establish direct service connection for illnesses or injuries that you sustained while in the military. If you suffered injuries in the military and you now suffer from headaches and concussions, it's easier to establish a direct connection to the service.

However, it's more difficult to get service connected if you have a pre-existing medical condition that got worse while you were in the military. To prove that your time in military service worsened or aggravated a pre-existing illness it is necessary to provide expert medical evidence that reaches 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 evidence of medical necessity. The VA will usually issue an approval or denial of benefits. If the decision is not favorable, the veteran is given one year to file a complaint. A veteran's disability attorney can help the claimant navigate through the three review options: the supplemental claim, or a higher-level review, or an direct appeal before the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Be sure to think about whether they are familiar with your military experience and the traditions of the armed forces. This can make it easier for you and reduce the requirement to explain your situation and experiences in layman's language.

You need a firm that will work on your case throughout the multi-year appeals process. Beware of firms that only assist you in the initial stages of your claim and then disappear.

A seasoned New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting more medical evidence, file an official hearing, and represent you in any Board meetings to ensure your case will be handled fairly. They can also assist you in obtaining you benefits like monetary compensations, aid and attendance benefits, veterans disability education benefits, or even unemployment.

How can you get a better 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 scenario to ask for a higher rating. A veteran disability lawyer can assist you in this process and help collect evidence to support your claim.

It's not uncommon for the VA make mistakes, resulting in an under-rated rating than you deserve. It's worth contacting an expert to look over your records for errors. They may have overlooked an injury or neglected to mention the issue that could be in conjunction with another disability to earn an increase in rating.

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

If you believe you're entitled to an assessment of 100 percent, or higher, you should consider seeking a supplemental claim. A disability lawyer can help you put together an argument that supports this type of rating, which is reserved for extremely serious disabilities. For instance mental health issues could qualify you for 100% disability ratings because it could cause significant interference with employment or frequent periods of hospitalization. These don't normally trigger this type of rating for cardiovascular disease or other medical issue.

Helping with the Appeals Process

Contrary to what many believe Contrary to what some may believe, the fact that a VA denial of disability benefits does not mean that a person has no chance of recovering benefits. In fact, a former veteran has a year from the date the local veterans' hospital or office mails them a denial to appeal.

An experienced lawyer for veterans can help a veteran determine which of the three ways to appeal is most appropriate for their particular situation. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can even assist veterans 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 also have a wealth of experience dealing with VA disability claims, and they know the rules and procedure in detail. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can result in a unique kind of empathy that could help in the resolution of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Contact us today to arrange your complimentary evaluation.