Veterans Disability Lawyers

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

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

Proving Service Connection

The VA will only provide disability benefits if it is confirmed that your illness is connected to your military service. This is referred to as a relationship. There are many types of evidence to prove this connection. These include medical records, independent health examinations (IME) or a the nexus letters from current health care providers (especially in the case of mental health problems). Sometimes, veterans have medically determined disabilities but are not connected because of missing or insufficient military treatment records. These cases require the assistance of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is confirmed by unbiased experts.

It is much easier to establish an immediate connection with your service to injuries or firm illnesses that you sustained while in the military. For instance, if you were struck in the head during service and now suffer headaches and concussions, there is a clear link between those events and your current condition.

It is difficult to be service-connected if there was an existing medical condition that was worsened while you were in military service. To prove that your service worsened or aggravated an existing condition, you must supply expert medical evidence that rises to the level of "clear and irrefutable" proof.

Appealing a Denial

After filing an application and providing medical evidence, the VA will review the case. It usually issues a decision which either approves or denies benefits. If the decision is not in favor, the veteran has one year to submit a Notice of Disagreement. A lawyer for veterans' disabilities can assist the claimant through the three decision review options -- an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This can make the process more relaxed and less requiring you to explain your experience and situations in plain language.

You also want a firm who will remain on your case throughout the entire duration of your appeal. Beware of firms that only assist you in the initial phases of your case and then disappear.

An experienced New York veterans disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request an official hearing, and represent you at any Board meetings to ensure that your case will be handled fairly. They can also assist you to get your benefits, like monetary compensation aid and attendance, education benefits or unemployment benefits.

How to get a higher rating

There may be a point when your disability becomes more serious, or your symptoms get more complicated or broad. It makes sense in this instance to seek an increase in rating. A veteran disability lawyer can help you in this process, and also help you gather evidence to back your claim.

It's not uncommon for the VA to make mistakes that lead to an under-reported disability rating than you're entitled to. If they miss an injury or ignore a condition which could be linked to other disabilities to earn an improved rating it's important to have a professional look over your records to look for mistakes.

You may still file a higher-level claim or review if you've been assessed for more than a calendar year. This could include a thorough review of your entire file which may result in modifications to your effective date and a new rating more accurate to the feelings you have.

If you believe you deserve an assessment of 100 percent, or higher, it's worth seeking a supplemental claim. An attorney for disability can assist you in putting together an argument that is convincing for this type of rating, which is reserved for extremely difficult to treat disabilities. For example an illness that is mental might qualify you for an absolute disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization that don't normally trigger this type of the rating for a heart condition or other medical problem.

Help with the Appeals Process

Contrary to what some may believe the fact that an VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. In fact, a former servicemember is given one year from the date that their local veterans hospital or office sends them a negative decision to appeal.

An experienced veterans disability attorney can help a vet determine which of the current three options for appeal would be best for his situation. They can also help veterans gather the evidence together needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention to your claim that you require. They will also have extensive experience dealing with VA disability claims, and they are aware of the rules and procedures in detail. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans face. This creates a unique type of empathy that can sometimes improve the outcomes of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to assist you. Call us today to schedule your free evaluation.