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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From collecting medical and service evidence to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the entire claim process.

Choose a lawyer for veterans who is specialized in handling these cases and knows the VA's system from top to bottom. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it is proven that your condition is linked to your military experience. This is called a linkage. There are many types of evidence to prove this connection. This includes medical records, independent health assessments (IME) or a an nexus letter from your current health care providers (especially in the situation of mental health conditions). There are times where veterans are diagnosed with medical disabilities, but cannot be considered service connected due to insufficient or missing documents. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and submit evidence that is backed up by independent experts.

It is much easier to prove the direct connection between your service and illnesses or injuries that occurred while in the military. For instance, if you received a head injury in the course of your service and suffer from concussions and headaches, there is a strong connection between the two events and your current condition.

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

Appealing a denied application

After submitting an application and providing medical evidence The VA will examine the case. It typically issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran has one year to make a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three possible review options -- the supplemental claim, the higher-level 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 can understand your military experience and military's culture. This will make it easier for you and reduce the requirement to explain your situation and experiences in layman's language.

You'll want a firm that will take on your case throughout the lengthy appeals procedure. Beware of firms that assist you with the initial stages of your case, and then disappear.

A seasoned New York veterans disability attorney will assist you with every stage 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 in a fair manner. They can also assist you to win your benefits, like monetary compensation aid and attendance, educational benefits or unemployment benefits.

Achieving a Higher Rating

It may happen that your disability becomes more severe or your symptoms become more severe. It makes sense in this case to request an increase in the rating. A veterans disability lawyer can assist you in this process, and can help you find evidence to justify your request.

It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you deserve. It's worth contacting a professional to check your records for errors. They may have overlooked an injury or missed a problem which could be in conjunction with another disability to earn an increase in rating.

Even when it's been over one year since you made your initial rating decision, you can file a higher-level review or supplemental claim. These involve a full review of your dossier and may result in changes to your effective date or an entirely new rating that's more accurate to what you truly feel.

It's also worth pursuing an additional claim or a higher-level review if you're arguing that you are entitled to a disability rating of 100 percent or higher. A disability lawyer can help you put together an argument that supports this type of rating, which is reserved only for debilitating disabilities. For instance mental health issues could qualify you for an 100% disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization. These don't normally trigger such the rating for a heart illness or other medical issues.

Getting Help with the Appeals Process

Contrary to what some believe, the fact that a VA denial of disability benefits doesn't mean that an individual is in no position to claim benefits. Former veterans have one year to appeal the decision if it is not favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three appeals routes is most suitable for their case. They can also assist a vet get all the evidence required to convince a higher level reviewer that their previous decision was not correct. They can provide a veteran an additional formal hearing front of a Veterans Law judge.

The most appealing aspect of having a New York veteran disability attorney handle your appeal is that they are able to provide the personal attention your claim demands. They are also likely to have extensive experience dealing with VA disability claims, and they know the rules and procedures inside and out. Additionally, some lawyers are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This can lead to a particular kind of empathy that can improve the outcome of an appeal for veterans' disability.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we can help you. Contact us today for your complimentary evaluation.