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veterans disability lawsuit Disability Lawyers

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

Select a veteran disability attorney who focuses their practice on handling these cases and knows the VA's system from top to bottom. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits if it's established that your condition is linked to your military experience. This is referred to as relationship. There are different types of evidence that you could prove this connection, including medical records as well as independent medical examinations (IME), and letters from current health professionals or therapists (especially for mental health issues). There are occasions when veterans have medically determined disabilities, but are unable to be considered service connected due to missing or incomplete documents. These cases require the assistance of experienced New York disability attorneys who know how to present an entire claim and submit evidence backed by impartial experts.

It is easier to prove an immediate connection with your service to injuries or illnesses which occurred while in the military. For instance, if you suffered head injuries during your time in service and you are suffering headaches and concussions there is a strong connection between these events and your current health condition.

It is difficult to be connected to the military if you suffered from a pre-existing condition that worsened while you were in military service. In order to prove that your service worsened or aggravated an existing medical condition you must provide a doctor's medical evidence that rises to the level of "clear and undeniable" evidence.

Appealing a Denial

After filing an application and submitting medical evidence After submitting the application and providing medical evidence, the VA will review the application. It usually issues a ruling that either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to submit a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three possible review options -- a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experience and the culture of the armed forces. This can make the process more relaxed and eliminate the need for you to explain your experiences and situations in plain language.

You should also choose a firm who will continue to work on your case throughout the entire appeals process of several years. Beware of firms that only assist you in the first stages of your case, only to then vanish.

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

Achieving a Higher Rating

There may be a point where your disability gets more severe, or your symptoms get more difficult or wider. In that case, it makes sense to seek a higher rating. A veterans disability lawyer can help with that procedure, and help you find evidence to back your request.

It's not unusual for Veterans Disability Lawyer the VA make mistakes, which can result in receiving a lower score than you deserve. It's a good idea to hire an expert to examine your records for errors. They may have overlooked an injury or omitted the issue that could be in conjunction with another condition to get a higher rating.

Even even if it's been more than a year since your initial rating decision, you can file an additional review or claim. This involves a thorough review of your file. It could result in changes to your effective date or an updated rating that is more in line with how you feel.

If you believe you're entitled to a rating of 100 percent or higher, consider applying for a supplemental claim. An attorney for disability can help you create a convincing argument for this type of rating, which is reserved for very difficult to treat disabilities. A mental illness, for example, may be a reason to get a 100 percentage disability rating since it can interfere with employment or result in frequent hospitalizations that are not typically triggering this level of a cardiovascular problem or other medical conditions.

Need help with the Appeals Process

Contrary to what some believe, a VA denial of disability benefits doesn't mean that an individual is not eligible for benefits. In fact, a former servicemember is given one year from the date the local veterans' hospital or office mails them an unfavorable determination to appeal.

An experienced veterans disability lawyer can help a veteran decide which of the three ways to appeal is the best option for their situation. They can also assist veterans gather all the evidence required to convince a higher-level reviewer that their previous decision was not correct. They can even assist veterans with a more formal hearing before a veterans disability lawsuits Law Judge.

A New York veteran disability lawyer will give you the individual attention you require for your claim. They also have years of experience handling VA disability claims and are aware of the rules and procedures from top to bottom. In addition, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans face. This creates an unique type of empathy, which can enhance the outcome of a disability claim for veterans.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims for free to determine whether we can assist you. Contact us now to schedule your free assessment.