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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From collecting medical and service proof to filing an appeal of a claim that has been denied.

Choose a veteran disability lawyer who focuses their practice on dealing with these cases, and who knows the VA system from head to toe. This will ensure your case is given the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be proved that your condition is connected to your military service. This is referred to as relationship. There are different types of evidence that you could demonstrate this connection, such as medical records or independent medical exams (IME) and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are instances when veterans have medically determined disabilities, but they cannot be considered service connected due to missing or incomplete records. These cases require the help of experienced New York disability lawyers who know how to present a complete claim and submit evidence that is confirmed by independent experts.

It is simpler to prove the direct connection between your service and injuries or illnesses that occurred while 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 more difficult to be service-connected if you had an existing condition that deteriorated while you were in military service. In order to prove that your service worsened or aggravated an existing medical condition, you must supply expert medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a Denial

After submitting an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. The VA typically issues the decision of approving or disapproving benefits. If the decision is not favorable, the veteran is given a year to submit a notice of disagreement. A disability attorney for veterans disability litigation can help the claimant navigate through the three review options: the supplemental claim, veterans Disability Case or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the traditions of the armed forces when selecting a New York veterans' disability lawyer. This will make it easier for you and reduce the need to describe your experiences and experiences in layman's language.

You need a firm that will take on your case throughout the long appeals process. Beware of firms that only assist you in the initial phases of your case and then vanish.

An experienced New York veterans disability lawsuit disability attorney can help you through all phases of your claim including the appeals process. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help you win your benefits, like monetary compensation, aid and attendance, educational benefits or unemployment benefits.

Achieving a Higher Rating

It is possible that your disability becomes worse or your symptoms are more severe. In such a case it is sensible to request an increase in your rating. A veteran disability lawyer can help you in this process and help collect evidence to prove your claim.

It's not uncommon for Veterans Disability Case the VA to make errors, which could result in an under-rated rating than you deserve. It's a good idea to hire an expert to review your records for errors. They might have missed an injury or neglected to mention an issue that could be coupled with another disability to get an increase in rating.

Even the fact that it's been more one year since the initial rating decision, you still have the option of filing an additional review or claim. These involve a full review of your file and can result in an amendment to your effective date or a new rating that's more accurate to how you truly feel.

It's also worth looking into an additional claim or higher-level review if you believe you are entitled to a disability rating of 100 percent or more. An attorney for disability can assist you in putting together a compelling argument for this type of rating, which is reserved for very difficult to treat disabilities. For example, a mental health condition could be a reason to get a 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization. These don't typically trigger this kind of a rating for a cardiovascular disease or other medical issue.

Need Help with the Appeals Process

Despite what some think the denial of a disability claim by the VA isn't the end of an individual's chances to receive benefits. In fact, a former military member has one year from the date the local veterans' hospital or office sends them a negative decision to appeal.

An experienced lawyer for veterans can assist a veteran in determining which of the three current ways to appeal is most appropriate for their particular situation. They can also assist an individual in assembling the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They can also provide a veteran with an opportunity to have a formal hearing front of an 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 personalized attention your claim needs. They are also likely to have a wealth of experience in dealing with VA disability claims and know the rules and procedures both inside and outside. Additionally, some lawyers are veterans disability litigation themselves, which means that they are aware of the difficulties disabled veterans have to face. This creates an unique type of empathy, which can improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to assist you. Call us today to set up your free evaluation.