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Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service evidence to filing an appeal of the denial of your claim.

Choose a veteran disability lawyer who is specialized in handling these cases and is aware of the VA system from head to toe. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits if it's confirmed that your illness is connected to your military service. This is called a connection. There are different types of evidence that you could prove the connection, such as medical records, independent medical examinations (IME) and the nexus letter from your current health professionals or firm therapists (especially for mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is confirmed by unbiased experts.

It is simpler to prove a direct connection if injuries or illnesses occurred while you served in the military. For instance, if you received a head injury in the course of your service and suffer headaches and concussions there is a clear connection between the events that led to your current health condition.

However, it's more difficult to get connected if you suffer from an existing medical condition that became worse when you were in the military. To prove that your service aggravated or worsened a pre-existing condition, you'll need to provide expert medical evidence that is "clear and irrefutable".

Appealing to a Denial

After submitting an application and providing medical evidence The VA will review the application. It usually makes a decision which either approves or denies benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disparagement. A disability lawyer for veterans can assist the claimant through the three decision review options -- an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This can make the process more relaxed and eliminate the need for you to describe your experiences and situations in plain language.

You also want a firm that will work on your case throughout the entire multi-year appeals process. Beware of firms that only assist you with the initial phases of your case and then go away.

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 more medical evidence, request an official hearing, and firm represent you in any Board meetings to ensure that your case will be dealt with fairly. They can also help you claim benefits like monetary compensation aid and attendance, education benefits or unemployment benefits.

Receiving a Better Rating

It is possible that your disability gets worse or your symptoms get more severe. It is logical in this case to request an increase in rating. A lawyer for veterans can assist you in this procedure, and help you find evidence to support your request.

It's not uncommon for the VA to make mistakes that result in an under-reported disability rating than you're entitled to. It's recommended to consult an expert to look over your records for errors. They may have overlooked an injury or left out the issue that could be in conjunction with another disability to get an improved rating.

Even the fact that it's been more one year since you made your initial rating decision, you still have the option of filing an additional review or claim. This includes a review of your entire dossier, which could result in modifications to your effective date as well as an updated rating that is more true to the feelings you have.

If you believe that you are entitled to an assessment of 100 percent or more, it's worth requesting a supplemental claim. An attorney for disability can assist you in putting together a convincing argument for this kind of rating, which is reserved for extremely debilitating disabilities. A mental health problem like this one, for instance, may qualify you for a 100 percent disability rating because it could affect your job or trigger frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or other medical issues.

Help with the Appeals Process

Contrary to what many believe contrary to what many may think, an VA denial of disability benefits does not mean that a person isn't eligible to receive benefits. In fact, a former military member has one year from the date that the local veteran's hospital or office sends them a negative decision to appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three appeals options is most suitable for their case. They can also help with gathering the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can give a veteran an additional formal hearing before a Veterans Law judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they'll provide the personalized attention your claim demands. They also have a lot of experience dealing with VA disability claims, and they know the rules and procedure completely. Some attorneys are veterans, and therefore know the challenges that disabled veterans face. This can create a distinct type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can assist you. Contact us today to schedule your free assessment.