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Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From collecting medical and service evidence to filing an appeal on a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Select a veteran disability attorney that specializes in these cases and is well-versed with the VA system. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only offer disability benefits if it is proved that your condition is connected to your military service. This is referred to as connection. You can use a variety of evidence to prove this connection. These include medical records, independent health exams (IME), or nexus letter from current health care providers (especially in the cases of mental health issues). There are occasions that veterans disability suffer from medically-determined disabilities, but cannot be service connected because of missing or incomplete records. These cases require the help of experienced New York disability lawyers who know how to make an accurate claim and submit evidence that is supported by unbiased experts.

It is simpler to prove the direct connection between your service and illnesses or injuries that you sustained while in the military. For instance, if you received a head injury in the course of your service and suffer headaches and concussions, there is a clear connection between these events and your current condition.

However, it is harder to get connected if you have an existing medical condition that worsened while in the military. To show that your time in service has aggravated or exacerbated a pre-existing condition, you will need to present medical evidence that is "clear and irrefutable".

Appealing a Denial

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

Be sure to consider whether the lawyer has a good understanding of your military experiences and the culture of the armed services when selecting the New York veterans' disability lawyer. This can make it easier for you and reduce the necessity to explain your circumstances and experiences in layman's terms.

You want a firm who will handle your case throughout the lengthy appeals process. Be wary of firms that only assist you with the initial stages of your claim and then disappear.

An experienced New York veterans' disability attorney can assist you through all stages of the claim including appeals. They can assist you in submitting additional medical evidence, request a formal hearing and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also assist you to get your benefits, including monetary compensation, aid and attendance, educational benefits, or unemployment benefits.

Getting a Higher Rating

It may happen that your disability becomes worse or your symptoms are more severe. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can assist you with this process, and also help you collect evidence to back your claim.

It's not uncommon for the VA to make errors, which could result in being awarded a lower rating than what you deserve. It's worth getting an expert to look over your records for errors. They might have missed an injury or neglected to mention an issue that could be added to another condition to get a higher rating.

Even when it's been over one year since the initial rating decision, you have the option of filing an additional review or claim. This involves a thorough review of your file, and could result in a change to your effective date or an updated rating that is more in line with how you truly feel.

It's also worth seeking an additional claim or higher-level review if you're arguing that you're entitled to a disability grade that is 100 percent or more. A disability lawyer can help you develop a convincing argument for this type of rating, which is reserved for extremely severe disabilities. A mental illness such as depression, for instance, could make you eligible for a 100% rating of disability because it can hinder employment or cause frequent hospitalizations which do not normally trigger this level of severity for a heart problem or any other medical condition.

Assistance with the Appeals Process

Despite what some believe, the denial of claims for disability by the VA is not the end of an individual's chance to collect benefits. In fact, a former veteran has a year from the date their local veterans hospital or office mails them a decision that is not favorable to file an appeal.

A skilled veteran disability lawyer can help a veteran decide which of the three current ways to appeal is best for their case. They can also help with gathering the evidence needed to convince a higher-level reviewer their previous decision was not correct. They can provide a veteran a more formal hearing in 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 provide the personal attention your claim deserves. They are also likely to have years of experience dealing with VA disability claims, and they know the rules and procedures inside and out. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This can result in a unique type of empathy which can improve the outcome of the case of a disabled veteran.

Sullivan & Kehoe's team of highly-trained lawyers can review your VA disability claims free of charge to determine if we are able to assist you. Call us today to set up your free assessment.