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Veterans Disability Lawyers

A veteran disability lawyer will guide 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 assist you throughout the entire claim process.

Choose a veteran disability lawyer who focuses their practice on dealing with these cases, and who knows the VA's system inside and out. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if they can prove that the condition you have is a result of your military service. This is referred to as relationship. There are a variety of evidence that you can prove the connection, such as medical records, independent medical examinations (IME) and the nexus letters of current health professionals or therapists (especially for mental health conditions). There are times when veterans suffer from medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who are skilled at presenting an entire claim as well as submit evidence that is backed up by independent experts.

It is simpler to establish a direct service connection if injuries or illnesses occurred while you served in the military. If you've been injured while in the military and you now suffer from headaches and concussions, it's easier to prove a direct service connection.

However, it is more difficult to be connected if you have an existing medical condition that got worse while you were in the military. To prove that your service worsened or aggravated an existing condition you must provide a doctor's medical evidence that reaches the level of "clear and undeniable" proof.

Appealing a denied application

After filing 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 not favorable, the veteran has one year to submit a notice of disagreement. A disability attorney for veterans disability attorneys can guide the claimant through the three decision review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.

When choosing a New York veterans disability lawyer, be sure to consider whether they can understand your military experiences and the traditions of the armed forces. This can make the process more comfortable and less requiring you to describe your experiences and circumstances in plain English.

You need a firm that will be working on your case throughout the long appeals procedure. Be wary of firms that only help you with the initial phases of your claim and then vanish.

An experienced New York veterans' disability attorney can assist you through all phases of the claim including appeals. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is handled fairly. They can also assist in obtaining you benefits, such as financial compensations, aid and attendance benefits, educational benefits, or even unemployment.

Receiving a Better Rating

It could happen that your disability gets worse or your symptoms are more severe. In that situation it's sensible to request an increase in your rating. A veteran disability lawyer can help you with this process and help gather evidence to back your claim.

It's not unusual for the VA to make mistakes that lead to an under-reported disability rating than you're entitled. It's worth getting an expert to look over your records for mistakes. They could have missed an injury or missed a problem which could be combined with another disability to earn an increase in rating.

Even if it's been more than one year since you made your initial rating decision, you still can file an additional review or claim. These can include a review of your entire dossier, which can result in changes to your effective date and an updated rating that is more true to your feelings.

It's also advisable to file a supplemental claim or higher-level review if you're arguing that you're entitled to a disability rate of 100 percent or more. A disability lawyer can help you create a compelling argument for this type of rating which is reserved for extremely debilitating disabilities. For example an illness that is mental might qualify you for an 100% disability rating because it can cause marked disturbance to your job or frequent periods of hospitalization that don't normally trigger this type of rating for cardiovascular disease or other medical problems.

Need help with the Appeals Process

Contrary to what some may believe that denying an appeal for disability by the VA is not the end of an individual's ability to recover benefits. Former service members have one year to appeal a decision that is not favorable.

An experienced veterans disability attorney disability lawyer can assist a veteran to determine which of the three ways to appeal is best for their case. They can also assist veterans gather all the evidence required to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with an opportunity to have a formal hearing before an Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention your claim requires. They also have extensive experience handling VA disability claims and know the rules and procedures both inside and outside. Additionally, some lawyers are veterans themselves, which means they understand the issues disabled veterans face. This creates an unique type of empathy that may 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 can help you. Contact us today to schedule your free assessment.