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Veterans Disability Lawyers

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

Choose a veterans disability attorney who is specialized in dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition is a result of your military service. This is referred to as a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health conditions). There are times when veterans have medically determinable disabilities, but cannot be considered service-connected due to the absence of or insufficient records. These cases require the help of skilled New York disability attorneys who are able to present an entire case and submit evidence that is backed up by independent experts.

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

However, it's more difficult to be connected if you have a pre-existing medical condition that became worse while in the military. In order to prove that your service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that is at the level of "clear and undeniable" evidence.

Appealing an Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. It usually issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran has one year to file a notice of disagreement. A disability lawyer for veterans can assist the applicant navigate the three review options -- an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

When selecting the right New York veterans disability lawyer Take into consideration whether they have a good understanding of your military experience and the military's culture. This will make the process more relaxed and reduce the need for you to explain your experiences and circumstances in plain English.

You should also choose a firm that will work on your case throughout the duration of the appeals process over a period of years. Beware of firms that assist you with the first stages of your claim and then go away.

An experienced New York veterans disability lawsuit disability attorney can help you through all phases of your claim and appeals, including the appeals procedure. They can help you submit more medical evidence, request an official hearing and assist you in any Board meetings to ensure that your case is handled without prejudice. They can also help you win you benefits such as assistance, monetary compensations and education benefits, attendance benefits, or unemployedness.

How do I obtain a higher rating

It could be that your disability gets more severe or your symptoms become more severe. It makes sense in this scenario to ask for an increase in rating. A lawyer for veterans' disability can assist with this procedure, and assist you in locating evidence to back your request.

It's not unusual for the VA to make mistakes that result in a lower rating than you deserve. It's worth contacting an expert to look over your records for errors. They may have overlooked an injury or neglected to mention an issue that could be added to another disability to get an increase in rating.

You are still able to make a higher-level claim, or review if you've been given a rating for more than one calendar year. This involves a thorough review of your file. It could result in the change of your effective date or a new rating that's more accurate to what you really feel.

If you believe you're entitled to an assessment of 100 percent or higher, Veterans Disability Attorney consider requesting a supplemental claim. A disability attorney can help you develop a compelling argument for this type of rating which is reserved for extremely severe disabilities. For example, a mental health condition could be a reason to get an absolute disability rating because it could cause significant disturbance to your job or frequent periods of hospitalization, which don't normally trigger this type of an assessment for a cardiovascular disease or other medical problems.

Need Help with the Appeals Process

Contrary to what some may think the denial of a disability claim by the VA is not the end of a person's chances to receive benefits. In fact, a former military member has a year from the date that the local veteran's hospital or office mails them a negative decision to appeal.

An experienced veterans disability attorney can help a vet determine which of the current three appeals options is best for his case. They can also assist veterans disability lawyers in obtaining the evidence required to convince a higher-level reviewer that the previous decision was not right. They may even be able to provide a veteran with a formal hearing before an Veterans Law Judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They also have a lot of experience in dealing with VA disability claims, and are familiar with the rules and procedure inside and out. Some attorneys are veterans disability litigation, and therefore are aware of the difficulties that disabled veterans face. This can create a distinct kind of empathy that can improve the outcome of a veterans' disability case.

Sullivan & Kehoe's team of highly trained lawyers will review your VA disability claims for free to determine if we are able to assist you. Call us today to set up your complimentary evaluation.