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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the claims process. From assembling medical and service evidence to filing an appeal of an appeal denied.

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

Proving Service Connection

The VA will only grant disability benefits if you prove that the condition you suffer from is connected to your military service. This is called a nexus. You can use different types 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 situation of mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the help of experienced New York disability lawyers who are able to present a complete claim and submit evidence that is backed by unbiased experts.

It is much easier to prove that there is a direct connection to your service for injuries or illnesses that you sustained while in the military. If you were injured during your military service and now suffer from headaches and concussions, it's much easier to prove a direct service connection.

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

Appealing a Denial

The VA will review your case after you have submitted your application and provided medical proof. The VA typically issues an approval or denial of benefits. If the decision isn't favorable, the veteran has a year to file a notice of disagreement. A veterans disability lawyer can assist the applicant navigate the three decision review options that include a supplemental claim, higher-level review or an appeal directly to the Board of Veterans' Appeals.

When selecting when choosing a New York veterans disability lawyer Be sure to think about whether they have a good understanding of your military experience and military's culture. This will make the process more enjoyable and reduce the need for you to describe your experiences and situations in layman's terms.

You should also find a firm who will continue to work on your case for the entire duration of your appeal. Be wary about firms that assist you in the initial stages of your case, only to then disappear.

A seasoned New York veterans' disability attorney can assist you at all stages of the claim and appeals. They can help you submit more medical evidence, ask for an official hearing, and also represent you in any Board sessions to ensure that your case will be handled fairly. They can also assist in obtaining you benefits like cash compensations, aid or attendance benefits, education benefits, or unemployedness.

How to get a higher rating

It may happen that your disability gets more severe or your symptoms become more severe. In that situation it's logical to ask for a higher rating. A veterans disability lawyer can assist in that process, and they can help you find evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled to. It's worth contacting an expert to look over your records for errors. They could have missed an injury or missed any issue that could have been added to another disability to receive an increase in rating.

Even if it's been more than one year since the initial rating decision, you still have the option of filing an additional review or claim. This includes a review of your entire file that could lead to changes to your effective date and a new rating more accurate to your personal feelings.

If you believe you deserve a rating of 100 percent, or higher, you should consider applying for a supplemental claim. An attorney for disability can help you put together a convincing argument for this kind of rating, which is reserved only for debilitating disabilities. For example an illness that is mental could be a reason to get 100% disability ratings due to the fact that it causes significant interruption to work or periods of hospitalization. These don't typically trigger this kind of a rating for a cardiovascular disease or other medical issue.

Need help with the Appeals Process

Contrary to what some may believe the fact that the fact that a VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. Former military personnel have a year to appeal a decision that is not favorable.

An experienced veterans disability attorneys disability lawyer can assist a veteran in determining which of the three current appeals options is most suitable for their case. They can also help an individual in assembling the evidence required to convince a higher-level reviewer that their prior decision was incorrect. They may also give a veteran an opportunity to have a formal hearing front of an Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim needs. They are also likely to have years of experience handling VA disability claims and understand the rules and procedures both inside and outside. Additionally, some lawyers are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates an unique type of empathy, which can improve the outcomes of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Contact us today to arrange your complimentary evaluation.