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veterans disability settlement Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering evidence of medical and other service to filing an appeal of a denied claim.

Choose a veteran disability lawyer that is experienced in these cases and is well-versed 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 if it can be proven that your condition is related to your military service. This is referred to as a nexus. There are a variety of evidence that you can prove the connection, such as medical records as well as independent medical examinations (IME), and letters from current health professionals or veterans disability case therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but are not connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who know how to present an entire claim and provide evidence that is backed up by unbiased experts.

It is much easier to prove an immediate connection with your service to illnesses or injuries that occurred while you were in the military. For instance, Veterans Disability Case if suffered head injuries during service and now suffer headaches and concussions, there is a clear connection between the two events and the current condition you are suffering from.

It is more difficult to be connected to the military if you suffered from an existing condition that got worse while you were in military service. In order to prove that your time in service aggravated or made worse an existing medical condition it is necessary to provide expert medical evidence that rises to the level of "clear and irrefutable" evidence.

Appealing a Denied Application

After submitting an application and submitting medical evidence The VA will review the case. The VA usually issues the decision of approving or disapproving benefits. If the decision is deemed unfavorable, the veteran has one year to file a Notice of Disagreement. A disability attorney for veterans disability lawyer can help the claimant navigate through the three decision review options - the supplemental claim, or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences and the culture of the armed services when choosing the New York veterans' disability lawyer. This will help you feel more comfortable and eliminate the need for you to talk about your experiences and situations in plain language.

You also want a firm who will continue to work on your case throughout the entire multi-year appeals process. Be wary of firms that assist you with the initial stages of your case, only to then vanish.

An experienced New York veterans disability attorney can help you through all phases of your claim, including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing, and represent you in any Board meetings to ensure that your case will be handled fairly. They can also help you win your benefits, like monetary compensation aid and attendance, education benefits or unemployment benefits.

Getting a Higher Rating

It may happen that your disability becomes worse or your symptoms get more severe. In this case it is sensible to ask for an increase in your rating. A lawyer for veterans' disability can assist with this process, and assist you in locating evidence to justify your request.

It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. It's worth contacting an expert to review your records for errors. They could have missed an injury or missed the issue that could be added to another disability to get a higher rating.

Even if it's been more than one year since you made your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These are a thorough examination of your file and can result in an amendment to your effective date or an entirely new rating that's more accurate to what you really feel.

If you believe that you are entitled to an assessment of 100 percent or higher, consider seeking a supplemental claim. A disability lawyer can help you make a convincing case for this rating that is reserved for the most debilitating of disabilities. For instance an illness that is mental might qualify you for 100% disability ratings due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization that do not normally trigger this type of an assessment for a cardiovascular disease or other medical issue.

Need Help with the Appeals Process

Contrary to what some may believe the fact that an VA denial of disability benefits does not mean that an individual has no chance of recovering benefits. In fact, a former military member can wait one year from date the local veterans' hospital or office mails them a negative decision to appeal.

An experienced veteran disability attorney can assist a vet in determining which of the current three appeal options would be the most appropriate for his particular situation. They can also help veterans put all the evidence required to convince a higher level reviewer that their previous decision was not right. They may even be able to provide a veteran with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer can provide you with the personal attention that your claim needs. They also have a wealth of experience in handling VA disability claims, and they know the rules and procedures inside out. Some lawyers are veterans, so they are aware of the difficulties faced by disabled veterans disability litigation. This creates a unique type of empathy that can sometimes enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for free to determine if we are able to help you. Call us today to arrange an evaluation for free.