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Veterans Disability Lawyers

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

Choose a veteran disability lawyer that specializes 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 award disability benefits if you can prove that the condition you are suffering from is a result of your military service. This is referred to as a nexus. There are various types of evidence you could demonstrate this connection, including medical records as well as independent medical examinations (IME), and the nexus letters of current healthcare providers or therapists (especially for mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be service connected because of incomplete or omitted records. These cases require the assistance of experienced New York disability lawyers who are able to present an accurate claim and submit evidence that is backed by independent experts.

It is simpler to prove a direct service connection when injuries or illnesses occurred during your time in the military. For example, if you received a head injury during service and now suffer headaches and concussions there is a clear connection between the events that led to your current condition.

However, it's more difficult to get service connected if you have a pre-existing medical condition that got worse when you were in the military. In order to prove that your time in service has aggravated or worsened a pre-existing illness You must present expert medical evidence that is at the level of "clear and undeniable" proof.

Appealing a Denial

After submitting an application and providing medical evidence, the VA will review the application. The VA typically issues a decision approving or denying benefits. If the decision is not favorable the veteran has one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three possible review options -- an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

When selecting a New York veterans disability lawyer Make sure you consider whether they understand your military experiences and the culture of the armed forces. This can make the process more relaxed and less demanding for you to describe your experiences and situations in layman's terms.

You'll want a firm that will handle your case through the lengthy appeals procedure. Be wary of companies that assist you with the initial phases of your case and then vanish.

An experienced New York veterans' disability attorney can assist you at all stages of the claim including appeals. They can assist you in submitting additional medical evidence or request a formal hearing and represent you at any Board meetings to ensure your case is treated fairly. They can also help you win your benefits, like monetary compensation, aid and attendance, educational benefits or unemployed benefits.

How do I obtain a higher rating

There could be a point when your disability gets worse, or your symptoms get broader or more challenging. It is logical in this case to request an increase in your rating. A veterans disability lawyer can assist you in this procedure, and assist you in locating evidence to prove your claim.

It's not unusual for the VA to make errors, which could result in being awarded a lower rating than what you deserve. If they miss an injury you've suffered or ignore a condition that could be a combination of other disabilities to get a higher rating it's important to have a professional look over your records to look for mistakes.

You are still able to submit a higher-level claim or review if you have been rated for more than a calendar year. These involve a full review of your file, and could result in a change to your effective date or a new rating that's more in line with how you really feel.

If you believe you deserve a rating of 100 percent, or more, it's worth making a claim for supplemental benefits. A disability lawyer can assist you in putting together an argument that supports this type of rating which is reserved only for severe disabilities. A mental health issue, for example, may make you eligible for a 100 percent disability rating, as it could affect your job or Veterans Disability Lawyer result in frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or other medical conditions.

Help with the Appeals Process

Despite what some think the denial of a disability claim by the VA is not the end of a person's chances to collect benefits. In fact, a former military member is given one year from the date that the local veteran's hospital or office mails them a denial to file an appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be most appropriate for their particular situation. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer the previous decision was not right. They can even assist veterans with a formal hearing before an Veterans Law Judge.

The greatest benefit of having an New York veteran disability attorney handle your appeal is that they will give you the attention and care that your claim requires. They also have extensive experience in managing VA disability claims, and they are aware of the rules and procedure completely. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans face. This can result in a unique type of empathy which can sometimes improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe can review your VA disability claim free of charge to determine if we can help you. Contact us today for your complimentary evaluation.