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veterans disability settlement Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From collecting medical and service proof to filing an appeal of a denied claim.

Select a veteran disability attorney who is specialized in handling these cases and is aware of the VA's system inside and out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be proved that your condition is related to your military service. This is referred to as connection. You can use a variety of evidence to prove the connection. This includes medical documents, independent health examinations (IME), or nexus letter from current health care providers (especially in the cases of mental health issues). Sometimes, veterans have medically determined disabilities but aren't able to get connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who know how to make a complete claim and present evidence that is backed up by experts who are impartial.

It is easier to prove a direct connection when illnesses or injuries occurred during your time in the military. For example, if you received a head injury in the course of your service and suffer headaches and concussions, there is a strong connection between the events that led to the current condition you are suffering from.

It is a lot more difficult to become connected to a service if you have an existing condition that deteriorated during your military service. To prove that your time in military service worsened or aggravated an existing illness, you must supply expert medical evidence that reaches the level of "clear and undeniable" proof.

Appealing a Denied Application

After filing an application and providing medical evidence, the VA will review the application. It usually issues a ruling which either approves or denies benefits. If the decision isn't favorable, the veteran has a year to make a formal complaint. A disability attorney for veterans can guide the claimant through the three review options: the supplemental claim, or a higher-level review, or an direct appeal to the Board of Veterans' Appeals.

Be sure to consider whether the lawyer has a good understanding of your military experience and the military's culture when selecting the New York veterans' disability lawyer. This can make it easier for you and veterans disability case decrease the necessity to explain your circumstances and experiences in layman's language.

You should also find a firm that will work on your case for the entire appeals process of several years. Beware of firms that only help you with the initial phases of your case and then vanish.

A seasoned New York veterans disability lawsuit disability attorney can assist you in all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you in obtaining you benefits such as monetary compensations, aid and attendance benefits, educational benefits, or unemployability.

Receiving a Better Rating

There may be a point when your disability gets worse or your symptoms become broader or more challenging. It is logical in this instance to seek a higher rating. A lawyer for veterans' disability can assist you in this procedure, and assist you in locating evidence to prove your claim.

It's not uncommon to see the VA to make errors, which could result in an under-rated rating than you deserve. It's worth getting an expert to examine your records for any errors. They may have overlooked an injury or omitted an issue that could be added to another disability to receive an improved rating.

Even when it's been over one year since the initial rating decision, you can file an additional review or claim. These can include a review of your entire record, that could lead to modifications to your effective date and an updated rating that is more true to what you feel.

If you believe you deserve an assessment of 100 percent, or more, it's worth seeking a supplemental claim. An attorney for disability can help you put together a convincing argument for this type of rating which is reserved for extremely difficult to treat disabilities. For instance, a mental health condition might qualify you for an absolute disability rating due to the fact that it causes significant disruption to your work or frequent periods of hospitalization. These don't normally trigger such rating for cardiovascular disease or other medical problems.

Need help with the Appeals Process

Contrary what some believe, an VA denial of disability benefits doesn't mean that an individual is not eligible for benefits. Former service members have one year to appeal any decision that isn't favorable.

An experienced veterans disability attorney can assist a veteran in determining which of the three appeals options would be best for his particular case. They can also help with gathering the evidence required to convince a higher-level reviewer their prior decision was incorrect. They can even provide a veteran 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 attention and care that your claim deserves. They also have a lot of experience managing VA disability claims, veterans disability case and they are aware of the rules and procedures in detail. Some attorneys are veterans disability lawyer, and therefore know the challenges that disabled veterans face. This creates a unique type of empathy that can help improve the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Call us today to set up an appointment for a free evaluation.