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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service evidence to submitting an appeal for a denied claim, a veteran disability lawyer can assist you through the entire claims process.

Select a veteran disability attorney that is experienced in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if it's proven that your condition is connected to your military service. This is known as a nexus. There are many types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a the nexus letters from current healthcare providers (especially in the case of mental health problems). There are times when veterans disability law firm have medically determined disabilities, but cannot be service connected because of incomplete or omitted documents. These cases require the assistance of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is supported by experts who are impartial.

It is much easier to establish direct service connection for illnesses or injuries which occurred while in the military. If you have been injured in the military and you now suffer from headaches and concussions, it's much easier to establish a direct connection to the service.

However, it's more difficult to get service connected if you have an existing medical condition that got worse while in the military. To show that your time in service caused or aggravated a pre-existing condition, you'll need to provide expert medical evidence that is "clear and irrefutable".

Appealing a Denied Application

After filing an application and providing medical evidence After submitting the application and providing medical evidence, the VA will review the case. The VA typically issues an opinion either approving or denial of benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disagreement. A veteran's disability attorney can help the claimant navigate through the three decision review options - either a supplemental claim or a more advanced review, or a direct appeal before the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experiences as well as the culture of the armed services when choosing a New York veterans' disability lawyer. This can make the process more enjoyable and eliminate the need for you to talk about your experiences and situations in layman's terms.

You should also choose a firm who will continue to work on your case throughout the duration of the appeals process over a period of years. Beware of firms who only assist you in the initial stages of your case, and then go away.

An experienced New York veterans disability attorney can assist with all stages of your claim including the appeals process. 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 dealt with fairly. They can also help you get your benefits, such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.

Receiving a Better Rating

It may happen that your disability gets worse or your symptoms get more severe. It makes sense in this instance to seek an increase in your rating. A lawyer for veterans' disability can help with that process, and can help you dig up evidence to support your request.

It's not unusual for the VA make mistakes, resulting in a lower rating than you deserve. It's worth contacting an expert to review your records for mistakes. They could have missed an injury or neglected to mention an issue that could be coupled with another disability to receive a higher rating.

You may still file a higher-level claim or review if you have been assessed for more than a calendar year. This could include a thorough review of your entire file, which may result in changes to the effective date of your claim and a new rating that is more corresponding to your feelings.

If you think you're worthy of a rating of 100 percent, or higher, consider making a claim for supplemental benefits. A disability lawyer can assist you to create a compelling case for this rating which is only available for the most severe of disabilities. For example an illness that is mental might qualify you for a 100% disability rating because it can cause marked disruption to your work or frequent periods of hospitalization. These don't typically trigger this kind of rating for cardiovascular condition or other medical problem.

Need Help with the Appeals Process

Contrary to what many believe, an VA denial of disability benefits doesn't mean that the person isn't eligible to receive benefits. In fact, a former soldier has a year from the date that their local veterans hospital or office sends them an unfavorable determination to file an appeal.

An experienced veterans disability lawyer can assist a veteran to determine which of the three current pathways for appealing would be the best option for their situation. They can also help a vet get the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They can also provide a veteran with a more formal hearing in before a Veterans Law judge.

A New York veteran disability lawyer will give you the individual attention that your claim needs. They are also likely to have a wealth of experience in handling VA disability claims and know the rules and procedures both inside and outside. Some attorneys are veterans, and therefore know the challenges faced by disabled veterans. This can lead to a particular kind of empathy that can improve the outcome of an issue involving veterans' disability.

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