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Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claims process. From collecting medical and service evidence to filing an appeal for a denied claim A veteran disability lawyer can assist you throughout the claims process.

Select a veteran disability lawyer that is experienced in these types of cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits when it can be confirmed that your illness is linked to your military experience. This is referred to as connection. There are different types of evidence that you could demonstrate this connection, including medical records, independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health issues). There are instances when Veterans Disability law have medically determined disabilities, but are unable to be considered to be service-connected due the absence of or insufficient documents. These cases require the help of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed by independent experts.

It is easier to prove direct service connection for illnesses or injuries that you sustained while in the military. If you were injured in the military, and now suffer from headaches or concussions it is much easier to prove a direct service connection.

However, it is harder to get connected if you have a pre-existing medical condition that got worse when you were in the military. In order to prove that your service has aggravated or worsened an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and irrefutable" evidence.

Appealing a Denied Application

After submitting an application and providing medical evidence, the VA will examine the case. It usually makes a decision that either approves or denies benefits. If the decision isn't favorable, the veteran is given one year to file a complaint. A veterans disability attorney can guide the claimant through the three review options - a supplemental claim or higher-level review, or an direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer, be sure to consider whether they understand your military background and traditions of the armed forces. This will make the process more enjoyable and eliminate the need for you to describe your experiences and situations in layman's terms.

You need a firm that will take on your case throughout the lengthy appeals process. Beware of firms that assist you with the first phases of your claim and then disappear.

A seasoned New York veterans' disability attorney can assist you through every stage of your claim and appeals. They can assist you in submitting additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure your case is dealt with fairly. They can also help win you benefits such as financial compensations, aid and attendance benefits, educational benefits, or unemployedness.

Receiving a Better Rating

It could happen that your disability becomes worse or your symptoms get more severe. In that situation it is sensible to ask for a higher rating. A veteran disability lawyer can help you with this process and help you gather evidence to back your claim.

It's not unusual to see the VA to make errors, which could result in a lower rating than you deserve. In the event that they fail to notice an injury that you suffer from or overlook a problem that could be combined with other disabilities in order to get a higher rating it's important to have a professional look over your records to look for errors.

Even if it's been more than one year since you made your initial rating decision, you still have the option of filing an additional review or claim. This includes a review of your entire record, which could result in modifications to your effective date, as well as a new rating that is more corresponding to what you feel.

If you believe that you are entitled to an assessment of 100 percent, or more, it's worth requesting a supplemental claim. An attorney for disability can help you develop a compelling argument for this type of rating, which is reserved for extremely debilitating disabilities. A mental illness for instance, might be a reason to get a 100 percent disability rating because it could affect your job or result in frequent hospitalizations that do not normally trigger this level for a cardiovascular issue or other medical condition.

Assistance with the Appeals Process

Contrary to what some may believe contrary to what many may think, the fact that a VA denial of disability benefits does not mean that an individual isn't eligible to receive benefits. In fact, a former military member has one year from the date their local veterans hospital or office mails them an unfavorable determination to file an appeal.

A skilled veterans disability attorney can help a vet determine which of the three pathways for Veterans disability law appeal is best for his case. They can also help a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was wrong. They can give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

The benefit of having a New York veteran disability attorney handle your appeal is that they will provide the personal attention your claim needs. They are also likely to have extensive experience dealing with VA disability claims, and they know the rules and procedures from top to bottom. Additionally, some lawyers are veterans disability law themselves, which means that they understand the challenges that disabled veterans have to face. This creates a distinct type of empathy, which can make a difference in the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we are able to help you. Contact us today to schedule your free assessment.