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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and veterans disability case service proof to submitting an appeal for a denied claim, a veteran disability lawyer can help you through the entire claims process.

Choose a veterans disability settlement disability attorney who limits their practice to handling these cases and knows the VA's system inside out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only award disability benefits if it's proved that your condition is directly related to your military service. This is known as a nexus. You can use different types of evidence to prove this connection. This includes medical records, independent health exams (IME), or an nexus letter from your current healthcare providers (especially in the situation of mental health conditions). There are times when veterans have medically determined disabilities, but they are not able to be considered service-connected due to insufficient or missing documents. These cases require the assistance of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is backed up by experts who are independent.

It is much easier to establish the direct connection between your service and illnesses or injuries which occurred while in the military. For example, if you were hit in the head during your time in service and you are suffering headaches and veterans disability case concussions there is a clear connection between the events that led to the current condition you are suffering from.

However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that got worse when you were in the military. To prove that your service caused or aggravated a pre-existing health condition, you'll have to provide expert medical evidence that is "clear and undisputed".

Appealing to a Denial

After submitting an application and providing medical evidence The VA will examine the case. It usually issues a decision which either approves or denies benefits. If the decision is not in favor, the veteran has one year to make a notice of disagreement. A lawyer for veterans' disability can help the claimant navigate the three options for review which include an additional claim, a more extensive review or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experiences as well as the culture of the armed services when selecting the New York veterans' disability lawyer. This can make the process more comfortable and less demanding for you to describe your experiences and circumstances in plain English.

You should also find a firm who will remain on your case throughout the duration of the appeals process over a period of years. Be wary about firms that assist you in the first stages of your claim, and then disappear.

A seasoned New York veterans disability attorney will assist you with every stage of your claim including the appeals process. They can help you submit more medical evidence, file an official hearing and represent you at any Board meetings to ensure that your case will be handled without prejudice. They can also help you win your benefits, such as monetary compensation, aid and attendance, education benefits or unemployability benefits.

Achieving a Higher Rating

There could be a point where your disability gets more severe, or your symptoms get more complex or broader. In such a case it's logical to seek a higher rating. A veteran disability lawyer can assist you with this process, and also help you gather evidence to prove your claim.

It's not uncommon for the VA to make errors, which could result in a lower rating than you deserve. Whether they accidentally miss an injury you've suffered or miss a condition that could be linked with other disabilities to receive an improved rating, it's worth having an expert review your records to find any mistakes.

You can still file a higher-level claim or review if you've been assessed for more than a calendar year. These are a thorough examination of your file and can result in changes to your effective date or a new rating that's more accurate to how you feel.

If you think you're worthy of a rating of 100 percent or higher, consider making a claim for supplemental benefits. A disability lawyer can assist you to create a compelling case for this rating, which is reserved only for the most debilitating disabilities. For example mental health issues might qualify you for a 100% disability rating due to the fact that it causes significant disturbance to your job or frequent periods of hospitalization. These don't usually trigger this level of a rating for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Contrary to what some may believe the denial of a disability claim by the VA is not the end of an individual's chances to receive benefits. Former service members have a year to appeal the decision if it is not favorable.

An experienced attorney for veterans can help a vet determine which of the current three options for appeal would be the most appropriate for his situation. They can also assist a vet get the evidence they need to convince a higher level reviewer that their previous decision was not right. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They are also likely to have extensive experience dealing with VA disability claims and understand the rules and procedures in and out. In addition, some attorneys are veterans themselves, which means they understand the challenges that disabled veterans face. This creates an unique type of empathy that can improve the outcomes of a veterans disability case.

Sullivan and Kehoe's team highly trained lawyers will review your VA disability claims for free to determine whether we can help you. Call us today to set up your free assessment.