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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can help you throughout the claims process.

Choose a veteran disability lawyer who is specialized in these types of cases and disability is familiar with the VA system. This will ensure that your case receives the care it deserves.

Proving Service Connection

The VA will only grant disability benefits when it can be proved that your condition is linked to your military experience. This is known as a nexus. There are a variety of evidence that you can demonstrate this connection, such as medical records, independent medical examinations (IME), and letters from current healthcare providers or therapists (especially for mental health issues). Sometimes, veterans have medically determined disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim as well as submit evidence backed by impartial experts.

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

It is more difficult to be service-connected if you had an existing medical condition that was worsened while you were in military service. To show that your time in service 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 irrefutable".

Appealing to a Denial

The VA will review your application after you have submitted your application and provided medical proof. The VA usually issues an opinion either approving or denial of benefits. If the decision isn't favorable, the veteran is given one year to file a notice of disagreement. A disability lawyer for veterans can assist the claimant in navigating the three possible review options that include the supplemental claim, the higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience and the military's culture when choosing a New York veterans' disability lawyer. This will make the process more enjoyable and less demanding for you to describe your experiences and situations in plain language.

You also want a firm who will remain on your case for the entire duration of your appeal. Be wary of companies that assist you in the first stages of your case, only to then vanish.

An experienced New York veterans' disability attorney can assist you through every stage of your claim including appeals. They can assist you in submitting more medical evidence, request an official hearing and represent you in any Board meetings to ensure your case is handled in a fair manner. They can also assist in obtaining you benefits, such as financial compensations, aid and education benefits, attendance benefits, or unemployment.

Achieving a Higher Rating

There could be a point that your disability becomes more severe, or your symptoms get more complex or broader. It is logical in this situation to ask for an increase in the rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to support your claim.

It's not uncommon to see the VA to make mistakes that result in a lower rating than you deserve. It's worth contacting an expert to look over your records for errors. They may have overlooked an injury or missed any issue that could have been coupled with another disability to earn an improved rating.

Even even if it's been more than one year since the initial rating decision, you still can file an additional review or claim. This includes a review of your entire file which may result in modifications to your effective date as well as a new rating that is more corresponding to the feelings you have.

It's also worth seeking a supplemental claim or higher-level review if you are entitled to a disability rating of 100 percent or more. A disability lawyer can help build a strong case for this rating that is reserved for the most severe of disabilities. For instance the mental health issue could be a reason to get an 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization, which don't typically trigger this kind of a rating for a cardiovascular disease or other medical problems.

Getting Help with the Appeals Process

Contrary to what some may believe contrary to what many may think, a VA denial of disability benefits does not mean that an individual is not eligible for benefits. Former military personnel have a year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three appeals options is most appropriate for their particular situation. They can also assist an individual vet put all the evidence required to convince a higher level reviewer that their previous decision was not right. They may even be able to provide veterans with a more formal hearing before a veterans disability law firm Law Judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have a wealth of experience in handling VA disability claims and know the rules and procedures in and out. Some lawyers are veterans, so they know the challenges that disabled veterans face. This can lead to a particular kind of empathy that can improve the outcome of a veterans' disability case.

The team at Sullivan &Kehoe of highly-trained lawyers can review your VA disability claims for no cost to determine if we can help you. Contact us today to schedule your free evaluation.