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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From collecting medical and service proof to submitting an appeal of a claim that has been denied.

Select a veteran disability attorney who specializes in these kinds of cases and is acquainted with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it's established that your condition is related to your military service. This is referred to as a relationship. You can use a variety of evidence to prove this connection. This includes medical records, independent health assessments (IME), or the nexus letters from current healthcare providers (especially in the case of mental health problems). Sometimes veterans have medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and submit evidence that is backed up by independent experts.

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

It is difficult to be service-connected if there was a pre-existing condition that worsened during your military service. In order to prove that your time in service worsened or aggravated an existing condition, you must supply expert medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually makes a decision which either approves or denies benefits. If the decision is not in favor the veteran is given one year to file a Notice of Disagreement. A lawyer for veterans disability litigation' disability can assist the claimant through the three decision review options which include an additional claim, a more extensive review or an appeal directly to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make it easier for you and reduce the requirement to explain your situation and experiences in layman's language.

You also need a company that will work on your case throughout the duration of the appeals process over a period of years. Be wary of companies that assist you in the initial stages of your claim and then go away.

An experienced New York veterans disability compensation' disability attorney can assist you at all phases of the claim and appeals. They can help you submit more medical evidence, file an official hearing and assist you in any Board meetings to ensure that your case is handled in a fair manner. They can also assist you in obtaining you benefits such as financial compensations, aid and attendance benefits, education benefits, or even unemployment.

Achieving a Higher Rating

It could be that your disability gets more severe or your symptoms become more severe. In that case, it makes sense to request a higher rating. A veteran disability lawyer can assist you in this process and help gather evidence to back your claim.

It's not unusual for the VA to make errors, Veterans Disability Lawyers which could result in an under-rated rating than you deserve. It's worth contacting an expert to examine your records for any errors. They might have missed an injury or omitted an issue that could be added to another disability to receive an increase in rating.

Even when it's been over a year since your initial rating decision, you still can file a higher-level review or supplemental claim. These involve a full review of your file. It could result in changes to your effective date or a new rating that's more accurate to what you feel.

It's also worth looking into an additional claim or a more thorough review if you believe you're entitled to a disability grade of 100 percent or higher. A disability lawyer can help you develop a convincing argument for this type of rating that is reserved for those with serious disabilities. A mental health issue, for example, may qualify you for a 100 percent disability rating, as it can interfere with employment or cause frequent hospitalizations which do not normally trigger this level for a cardiovascular problem or other medical issues.

Assistance with the Appeals Process

Contrary to what many people think that denial of claims for disability by the VA isn't the end of an individual's chances to recover benefits. Former military personnel have a year to appeal any decision that isn't favorable.

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

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they are able to give you the attention and care that your claim requires. They are also likely to have extensive experience handling VA disability claims, and they know the rules and procedures both inside and outside. In addition, some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans face. This creates a unique type of empathy that can sometimes help improve the outcome of a disability claim for veterans.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to schedule your complimentary evaluation.