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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 of an appeal denied.

Choose a veterans 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 receives the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if they can prove that the condition you are suffering from is linked to your military service. This is known as a relationship. There are many types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a the nexus letters from current health care providers (especially in the case of mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who know how to present an entire case and submit evidence backed by unbiased experts.

It is easier to prove direct service connection for illnesses or injuries that you sustained while in the military. For instance, if suffered head injuries during your time in service and you are suffering headaches and concussions there is a direct link between the events that led to your current condition.

It is more difficult to be connected to the military if you suffered from an existing condition that deteriorated during your military service. To prove that your time in the military was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to present medical evidence from an expert that is "clear and undeniable".

Appealing an Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a decision that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to submit a Notice of Disagreement. A veterans disability attorney can guide the claimant through the three review options - either a supplemental claim or a more advanced review, or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences and the tradition of the armed services when selecting a New York veterans' disability lawyer. This can make the process more relaxed and less demanding for you to explain your experiences and situations in plain language.

You need a firm that will work on your case throughout the multi-year appeals procedure. Beware of firms that assist you with the first stages of your claim and then vanish.

An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting additional medical evidence and request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to claim benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.

Getting a Higher Rating

There could be a point when your disability becomes more serious or your symptoms become more complex or broader. It is logical in this instance to seek an increase in your rating. A lawyer for veterans' disability can help with that procedure, and help you dig up evidence to support your request.

It's not unusual for the VA make mistakes, resulting in receiving a lower score than you deserve. It's worth getting a professional to check your records for errors. They may have overlooked an injury or omitted the issue that could be in conjunction with another condition to get an improved rating.

Even when it's been over one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. This includes a review of your entire record, which could result in changes to the effective date of your claim and a new rating that is more corresponding to your personal feelings.

It's also worth looking into an additional claim or a higher-level review if you're arguing that you're entitled to a disability rate of 100 percent or greater. A disability attorney can help you develop a compelling argument for this kind of rating, that is reserved for those with serious disabilities. A mental health issue like this one, for instance, may be a reason to get a 100 percentage disability rating since it can interfere with employment or result in frequent hospitalizations that do not normally trigger this level for a cardiovascular issue or other medical condition.

Assistance with the Appeals Process

Despite what some believe that denying claims for disability by the VA isn't the end of an individual's chances to receive benefits. Former service members have a year to appeal an outcome that is not favorable.

An experienced veterans disability attorney can assist a veteran to determine which of the three options for appeal would be the most appropriate for his situation. They can also assist a vet in gathering the evidence needed to convince a higher-level reviewer their previous decision was not correct. They may even be able to provide a veteran with a more 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 also have a wealth of experience managing VA disability claims, and they are aware of the rules and procedures completely. Some attorneys are veterans, so they are aware of the difficulties that disabled veterans face. This can lead to a particular kind of empathy that can sometimes improve the outcome of a veterans' disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we can assist you. Call us today to set up an appointment for a free evaluation.