공지사항

veterans disability lawsuit Disability Lawyers

A veteran disability lawyer can assist you through the entire claims process. From gathering evidence of medical and other service to filing an appeal against the denial of your claim.

Select a veteran disability lawyer who is specialized in these cases and is familiar with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only approve disability benefits if you can prove that the condition you are suffering from is linked to your military service. This is called a nexus. You can make use of various types of evidence to prove this connection. This includes medical records, independent health examinations (IME) or a the nexus letters from current health care providers (especially in the cases of mental health issues). There are times when veterans suffer from medically determinable disabilities but cannot get service connected due to missing or incomplete military treatment records. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is backed by independent experts.

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

It is harder to get service-connected if there was an existing condition that got worse while you were in military service. To prove that your time in service aggravated or made worse an existing illness you must provide a doctor's medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing a Denied Application

After submitting an application and submitting medical evidence The VA will examine the case. The VA usually issues the decision of approving or disapproving benefits. If the decision is not in favor, the veteran has one year to file a Notice of Disagreement. A veterans disability lawyer can assist the claimant through the three review options that include a supplemental claim, higher-level review, or direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences as well as the tradition of the armed services when choosing a New York veterans' disability lawyer. This can make the process more enjoyable and less requiring you to talk about your experiences and the circumstances in layman's terms.

You should also choose a firm who will continue to work on your case throughout the entire duration of your appeal. Be wary of firms that only assist you with the first stages of your claim and then disappear.

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

How do I obtain a higher rating

It could be that your disability gets worse or your symptoms become more severe. It makes sense in this scenario to ask for an increase in the rating. A lawyer for veterans' disability can help with that procedure, and help you find evidence to back your request.

It's not unusual for the VA to make mistakes that result in an under-reported disability rating than you're entitled. It's a good idea to hire an expert to look over your records for errors. They may have overlooked an injury or missed an issue that could be combined with another disability to get an increase in rating.

Even the fact that it's been more a year since your initial rating decision, you still can file an additional review or claim. These are a thorough examination of your file. It could result in a change to your effective date or an entirely new rating that's more accurate to what you truly feel.

It's also worth pursuing an additional claim or higher-level review if you believe you are entitled to a disability rating of 100 percent or higher. A disability attorney can help you create a convincing argument for this type of rating, which is reserved for very difficult to treat disabilities. For instance mental health issues could be a reason to get 100% disability ratings because it can cause a significant interruption to work or periods of hospitalization that don't normally trigger such the rating for a heart illness or other medical issues.

Getting Help with the Appeals Process

Contrary to what many believe, the fact that a VA denial of disability benefits doesn't mean that a person is not eligible for benefits. Former service members have one year to appeal a decision that is not favorable.

An experienced veterans disability legal disability lawyer can help a veteran decide which of the three appeals routes is best for their case. They can also help with gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They can even assist veterans with a more formal hearing before an Veterans Law Judge.

The best thing about 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 demands. They are also likely to have extensive experience handling VA disability claims and are aware of the rules and veterans disability case procedures from top to bottom. Additionally, veterans disability case some attorneys are veterans themselves, which means that they understand the challenges that disabled veterans have to face. This creates a distinct type of empathy that can sometimes enhance the outcome of a veterans disability case.

Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims free of charge to determine whether we can help you. Call us today to schedule your free assessment.