Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From assembling medical and service evidence to filing an appeal of an appeal denied.

Select a veteran disability attorney who limits their practice to handling these cases and knows the VA's system inside out. This will ensure your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if you prove that the condition you suffer from is related to your military service. This is referred to as a nexus. You can use a variety of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the situation of mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected because of incomplete or missing military treatment records. These cases require the assistance of skilled New York disability attorneys who are able to present an entire claim and provide evidence backed by unbiased experts.

It is much easier to prove direct service connection for injuries or illnesses that you sustained while in the military. For instance, if you received a head injury while serving and are now suffering headaches and concussions there is a clear connection between the events that led to the current condition you are suffering from.

However, it is harder to get connected if you have an existing medical condition that got worse during your time in the military. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist condition, you'll need to present medical evidence from an expert that is "clear and undisputed".

Appealing a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling that either approves or denies benefits. If the decision is not favorable the veteran has one year to submit a Notice of Disagreement. A veterans disability attorney can assist the claimant through the three decision review options - an additional claim or a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

When deciding on a New York veterans disability lawyer Make sure you consider whether they can understand your military experiences and the culture of the armed forces. This will make it easier for you and lessen the requirement to explain your situation and experiences in layman's.

You also want a firm that will continue to work on your case for the duration of the appeals process over a period of years. Beware of firms that only help you with the initial stages of your claim, and then vanish.

An experienced New York veterans disability attorney can help you through all phases of your claim including the appeals process. They can assist you in submitting additional medical evidence, request an official hearing, and represent you at any Board sessions to ensure that your case will be dealt with fairly. They can also assist you in obtaining you benefits like monetary compensations, aid and attendance benefits, educational benefits, or even unemployment.

Receiving a Better Rating

It could be that your disability becomes more severe or your symptoms become more severe. It is logical in this situation to ask for an increase in the rating. A veteran disability lawyer can assist you in this process, and also help you gather evidence to prove 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 contacting an expert to review your records for errors. They may have missed an injury or omitted a problem which could be in conjunction with another disability to receive an improved rating.

You may still file a higher-level claim and review if you have been rated for more than a calendar year. These include a review of your entire dossier, which may result in modifications to your effective date and the creation of a new rating that is more precise to your personal feelings.

It's also worth seeking an additional claim or higher-level review if you're trying to argue that you're entitled to a disability grade of 100 percent or greater. A disability lawyer can help you make a convincing case for this rating that is reserved for the most debilitating of disabilities. For example the mental health issue could be a reason to get 100% disability ratings because it could cause significant interference with employment or frequent periods of hospitalization that do not typically trigger this kind of a rating for a cardiovascular condition or other medical problem.

Need help with the Appeals Process

Despite what some people may think the denial of an appeal for disability by the VA isn't the end of a person's chances to recover benefits. Former service members have one year to appeal the decision if it is not favorable.

An experienced veterans disability attorneys disability lawyer can assist a veteran to determine which of the three ways to appeal is most appropriate for their particular situation. They can also help an individual vet put the evidence together needed to convince a higher level reviewer that their previous decision was wrong. They can give a veteran a more formal hearing in front of a Veterans Law judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They also have extensive experience handling VA disability claims, and they know the rules and procedures in and out. Some attorneys are veterans, so they know the challenges that disabled veterans face. This creates a unique type of empathy that can sometimes make a difference in the outcome of a veterans disability case.

Sullivan and Kehoe's team highly-trained lawyers can review your VA disability claims for free to determine if we can assist you. Call us today to schedule your free assessment.