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Veterans Disability Lawyers

A veteran disability lawyer can assist you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a denied claim.

Select a veteran disability lawyer that is experienced in these cases and is familiar with the VA system. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it's confirmed that your illness is linked to your military experience. This is called a nexus. There are many types of evidence to prove this connection. This includes medical records, independent health exams (IME), or nexus letter from current healthcare providers (especially in the situation of mental health conditions). There are times when veterans have medically determinable disabilities, but they are not able to be considered to be service-connected due the absence of or insufficient records. These cases require the assistance of experienced New York disability lawyers who know how to make a complete claim and submit evidence that is supported by experts who are impartial.

It is much easier to establish an immediate connection with your service to illnesses or injuries which occurred while in the military. For example, if you were hit in the head in the course of your service and suffer headaches and concussions there is a clear connection between the events that led to the current condition you are suffering from.

It is harder to get connected to a service if you have a pre-existing condition that worsened during your military service. In order to prove that your service aggravated or made worse an existing condition You must present expert medical evidence that is at the level of "clear and undeniable" evidence.

Appealing a Denial

After submitting an application and submitting medical evidence The VA will review the application. It typically issues a decision which either approves or denies benefits. If the decision isn't favorable, the veteran is given a year to file a complaint. A veterans disability attorney can assist the claimant through the three review options: an additional claim or a higher-level review, or an direct appeal before the Board of veterans disability compensation' Appeals.

Take note of whether the lawyer is familiar with your military experience as well as the traditions of the armed forces when selecting the New York veterans' disability lawyer. This can make things easier for you to understand and reduce the necessity to explain your circumstances and experiences in layman's terms.

You should also choose a firm who will continue to work on your case for the duration of the appeals process over a period of years. Be wary of firms that only assist you with the initial stages of your case, veterans disability attorney and then go away.

An experienced New York veterans disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled fairly. They can also assist you in obtaining you benefits, such as assistance, monetary compensations and education benefits, attendance benefits, or unemployability.

How can I get a better rating

There may be a point that your disability becomes more severe or your symptoms become broader or more challenging. It makes sense in this instance to seek a higher rating. A lawyer for veterans' disability can assist you in this process, and can assist you in finding evidence to back your request.

It's not uncommon for the VA to make mistakes that result in an lower disability rating than you're entitled. If they miss an injury you've suffered or miss a condition that could be a combination of other disabilities in order to get an improved rating it's important to have an expert look over your records to spot any mistakes.

Even the fact that it's been more a year since your initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These can include a review of your entire record, which can result in changes to the effective date of your claim and the creation of a new rating that is more precise to your personal feelings.

It's also worth looking into a supplemental claim or higher-level review if you believe you're entitled to a disability grade of 100 percent or higher. A disability lawyer can help make a convincing case for this rating which is only available for the most severe of disabilities. A mental health condition for instance, might be a reason to get a 100 percent disability rating because it could affect your job or result in frequent hospitalizations that do not normally trigger this level of severity for a heart problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what some believe contrary to what many may think, the fact that a VA denial of disability benefits doesn't mean that a person is not eligible for benefits. In fact, a former military member is given one year from the date the local veterans' hospital or office mails them a decision that is not favorable to appeal.

An experienced veteran disability attorney can help a vet determine which of the current three appeals options would be best for his particular case. They can also assist an individual vet put the evidence they need to convince a higher-level reviewer that their previous decision was not right. They can also provide a veteran with a more formal hearing in front of a veterans disability attorneys Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim requires. They will also have extensive experience in dealing with VA disability claims, and are familiar with the rules and procedure inside and out. In addition, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans disability legal have to face. This can lead to a particular kind of empathy that could help in the resolution of the case of a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Call us today to schedule your free assessment.