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 an appeal denied.

Select a veteran disability attorney that is solely handling these cases and knows the VA's system inside out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it is proven that your condition is connected to your military service. This is referred to as relationship. There are various types of evidence that you could demonstrate this connection, such as medical records as well as independent medical examinations (IME), and the nexus letters of current health professionals or therapists (especially for mental health conditions). Sometimes, veterans suffer from medically-determinable disabilities, but are not able to be connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire case and submit evidence backed by impartial experts.

It is much easier to prove the direct connection between your service and injuries or illnesses that occurred while in the military. For example, if you were hit in the head in the course of your service and veterans disability attorney suffer headaches and concussions there is a direct link between those events and your current health condition.

It is harder to get connected to the military if you suffered from an existing condition that deteriorated during your military service. 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 irrefutable" proof.

Appealing a Denial

The VA will review your application after you have submitted your application and provided medical evidence. It typically issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to make a formal complaint. A veterans disability attorney can guide 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.

When choosing when choosing a New York veterans disability lawyer Take into consideration whether they can understand your military experience and the traditions of the armed forces. This can help you feel more comfortable and less requiring you to talk about your experiences and situations in plain language.

You should also choose a firm who will continue to work on your case for the entire appeals process of several years. Beware of firms that assist you with the first stages of your case, and then go away.

An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also help you win you benefits, such as cash compensations, aid or attendance benefits, educational benefits, or unemployedness.

Earning a higher rating

It may happen that your disability becomes worse or your symptoms are more severe. In such a case, it makes sense to seek a higher rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to back your claim.

It's not uncommon for the VA make mistakes, which can result in a lower rating than you deserve. In the event that they fail to notice an injury you've suffered or overlook a problem which could be linked to other disabilities to get higher ratings, it's worth having an expert review your records to look for errors.

Even the fact that it's been more one year since the initial rating decision, you still can file a higher-level review or supplemental claim. This could include a thorough review of your entire record, that could lead to modifications to your effective date and an updated rating that is more true to the feelings you have.

It's also worth looking into an additional claim or a more thorough review if you deserve a disability rating of 100 percent or more. An attorney for disability can help you develop a compelling argument for this type of rating, which is reserved for extremely difficult to treat disabilities. For instance, a mental health condition could qualify you for an absolute disability rating because it can cause marked interruption to work or periods of hospitalization, which don't normally trigger such a rating for a cardiovascular disease or other medical issue.

Assistance with the Appeals Process

Contrary to what many believe contrary to what many may think, contrary to what some may believe, a VA denial of disability benefits does not mean that an individual is in no position to claim benefits. In fact, a former military member is given one year from the date that their local veterans hospital or office mails them a negative decision to appeal.

An experienced veterans disability attorney can assist a veteran to determine which of the three options for appeal is best for his case. They can also help an individual vet put the evidence together needed to convince a higher-level reviewer that the previous decision was incorrect. They can even assist a veteran with a more formal hearing before a Veterans Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim needs. They also have a wealth of experience handling VA disability claims, and are familiar with the rules and procedure inside and out. Some lawyers are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can lead to a particular kind of empathy that can help improve the outcome of the case of a disabled veteran.

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