Veterans Disability Lawyers
A veteran disability lawyer can help you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim A veteran disability lawyer can assist you through the entire claims process.
Choose a veteran disability lawyer who focuses their practice on dealing with these cases and who is familiar with the VA's system from top to bottom. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only provide disability benefits when it can be established that your condition is connected to your military service. This is called a relationship. You can use different types of evidence to prove this connection. These include medical records, independent health exams (IME) or a an nexus letter from your current health care providers (especially in the case of mental health conditions). Sometimes
veterans disability attorneys have medically determinable disabilities but are not connected because of incomplete or missing military treatment records. These cases require the help of experienced New York disability attorneys who are skilled at presenting an entire case and submit evidence that is backed up by independent experts.
It is simpler to prove that there is a direct connection to your service for illnesses or injuries that occurred while in the military. If you have been injured in the military and now suffer from headaches and concussions, it's easier to prove a direct service connection.
It is harder to get connected to a service if you have an existing medical condition that was worsened during your military service. To prove that your service has aggravated or worsened an existing medical condition you must provide a doctor's medical evidence that reaches the level of "clear and irrefutable" proof.
Appealing a Denial
After submitting an application and providing medical evidence after which the VA will review the application. It usually issues a decision which either approves or denies benefits. If the decision is not favorable the veteran has one year to file a Notice of Disagreement. A veteran's disability attorney can assist the claimant through the three review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the culture of the armed services when selecting a New York veterans' disability lawyer. This will make the process more enjoyable and reduce the need for you to describe your experiences and the circumstances in layman's terms.
You should also find a firm who will continue to work on your case throughout the entire duration of your appeal. Be wary of firms that assist you in the initial stages of your case, only to then vanish.
A seasoned New York veterans' disability lawyer can assist you in all phases of the claim including appeals. They can help you submit more medical evidence, file an official hearing and represent you in any Board meetings to ensure your case will be dealt with without prejudice. They can also assist in obtaining you benefits like assistance, monetary compensations and education benefits, attendance benefits, or unemployability.
How can you get a better rating
It may happen that your disability becomes worse or your symptoms become more severe. In that case it's logical to request a higher rating. A veterans disability lawyer can assist with this process, and can assist you in locating evidence to support your request.
It's not uncommon to see the VA to make mistakes that result in being awarded a lower rating than what you deserve. It's a good idea to hire an expert to look over your records for any errors. They could have missed an injury or left out an issue that could be combined with another disability to earn an increase in rating.
You are still able to file a higher-level claim and review if you've been evaluated for more than a calendar year. This could include a thorough review of your entire dossier, that could lead to modifications to your effective date and a new rating more accurate to the feelings you have.
If you think you're worthy of a rating of 100 percent or higher, consider seeking a supplemental claim. A disability lawyer can assist you in putting together a convincing argument for this type of rating that is reserved for those with severe disabilities. A mental health problem for instance, might qualify you for a 100 percentage disability rating since it could affect your job or result in frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or other medical issues.
Getting help with the Appeals Process
Despite what some believe, the denial of a disability claim by the VA is not the end of a person's chances to recover benefits. Former service members have a year to appeal the decision if it is not favorable.
A skilled veterans disability attorney can assist a vet in determining which of the three pathways for appeal would be best for his particular case. They can also help veterans in obtaining the evidence required to convince a higher-level reviewer that the previous decision was not right. They can also provide a veteran with a more formal hearing in front of an Veterans Law judge.
The best thing about having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim requires. They also have a lot of experience in dealing with VA disability claims, and they are aware of the rules and procedure completely. In addition, some
attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans face. This can create a distinct kind of empathy that can help improve the outcome of the case of a disabled veteran.
Sullivan and Kehoe's team experienced lawyers can evaluate your VA disability claims for no cost to determine if we are able to help you. Call us today to set up your complimentary evaluation.
