Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal against an appeal denied.

Choose a veteran disability attorney who specializes in these types of cases and is familiar with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits when it can be proved that your condition is connected to your military service. This is referred to as linkage. You can make use of various types of evidence to prove this connection. These include medical records, independent health assessments (IME), or an nexus note from current health care providers (especially in the situation of mental health conditions). There are occasions that veterans disability litigation suffer from medically-determined disabilities, but cannot be service connected because of the absence of or insufficient records. These cases require the help of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is backed by unbiased experts.

It is simpler to prove an immediate connection with your service to illnesses or injuries that occurred while you were in the military. If you've been injured while in the military, and now suffer from headaches or concussions, it is easier to establish a direct connection to the service.

It is a lot more difficult to become connected to a service if you have an existing medical condition that was worsened while you were in military service. To prove that your service has aggravated or worsened an existing medical condition You must present expert medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a Denial

After submitting an application and submitting medical evidence The VA will review the application. The VA usually issues an approval or denial of benefits. If the decision is unfavorable, the veteran has one year to file a Notice of Disagreement. A disability attorney for veterans disability settlement can guide the claimant through the three decision review options - a supplemental claim or 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 it easier for you to understand and reduce the need to explain your situations and experiences in a layman's way.

You also want a firm who will continue to work on your case for the entire duration of your appeal. Beware of companies that will only assist you with the initial phases of your claim and then go away.

A seasoned New York veterans' disability attorney can assist you at all phases of the claim including appeals. They can help you submit additional medical evidence and request a formal hearing, veterans disability case and represent you at any Board meetings to ensure your case is handled fairly. They can also assist in obtaining you benefits, such as monetary compensations, aid and attendance benefits, education benefits, or unemployment.

Getting a Higher Rating

There might come a time when your disability becomes more serious or your symptoms become broader or more challenging. In that case it's sensible to seek a higher rating. A veteran disability lawyer can help you with this process and help collect evidence to prove your claim.

It's not uncommon for the VA to make mistakes that lead to an lower disability rating than you're entitled to. It's a good idea to hire an expert to review your records for errors. They might have missed an injury or omitted the issue that could be in conjunction with another disability to earn a higher rating.

Even if it's been more than one year since your initial rating decision, you can file a higher-level review or supplemental claim. These include a review of your entire record, which could result in modifications to your effective date and an updated rating that is more true to your feelings.

It's also advisable to file an additional claim or higher-level review if you're arguing that you are entitled to a disability rating of 100 percent or higher. A disability lawyer can assist you to build a strong case for this rating which is reserved for the most debilitating of disabilities. A mental health condition such as depression, for instance, could make you eligible for a 100 percent disability rating because it could affect your job or trigger frequent hospitalizations that do not normally trigger this level for a heart problem or other medical conditions.

Need help with the Appeals Process

Contrary to what some may think that denying a disability claim by the VA isn't the end of a person's chances to recover benefits. Former veterans have one year to appeal an outcome that is not favorable.

An experienced veteran disability attorney can assist a veteran in determining which of the current three appeals options is best for his case. They can also help veterans gather all the evidence required to convince a higher level reviewer that the previous decision was incorrect. They can even provide veterans disability settlement with a formal hearing before a Veterans Law Judge.

The benefit of having an New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim deserves. They also have a wealth of experience in handling VA disability claims, and they understand the rules and procedures completely. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans disability attorney. This creates an unique type of empathy that can make a difference in the outcome of a veterans disability case.

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