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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service proof to filing an appeal against a denied claim, a veteran disability lawyer can help you throughout the claims process.

Choose a veteran disability lawyer who limits their practice to handling these cases and is aware of the VA's system from top to bottom. This will ensure that your case is given the attention it deserves.

Proving Service Connection

The VA will only award disability benefits if it can be proved that your condition is related to your military service. This is called a connection. You can use a variety of evidence to prove this connection. This includes medical records, independent health exams (IME) or a nexus letter from current health care providers (especially in the cases of mental health issues). There are times when veterans disability settlement have medically determined disabilities, but they cannot be considered service connected due to insufficient or missing records. These cases require the assistance of skilled New York disability lawyers who know how to make an accurate claim and submit evidence that is backed by experts who are independent.

It is easier to establish a direct service connection if injuries or illnesses were sustained while serving in the military. For instance, if received a head injury during service and now suffer from concussions and headaches, there is a strong connection between the two events and your current condition.

However, it is more difficult to get service connected if you suffer from an existing medical condition that got worse during your time in the military. To prove that your time in the military aggravated or worsened a pre-existing condition, you'll need to present medical evidence that is "clear and irrefutable".

Appealing to a Denial

The VA will review your application after you have submitted your application and provided medical evidence. It usually issues a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given a year to file a notice of disagreement. A veterans disability attorney can guide the claimant through the three review options: either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience as well as the military's culture when choosing the New York veterans' disability lawyer. This can make it easier for you to understand and reduce 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. Be wary of firms that only assist you with the initial stages of your case, and then disappear.

An experienced New York veterans' disability attorney can help you with all phases of the claim, including appeals. They can help you submit additional medical evidence, request a formal hearing, and represent you at any Board meetings to ensure that your case is treated fairly. They can also help you win you benefits such as financial compensations, aid and education benefits, attendance benefits, or unemployability.

How do I obtain a higher rating

It is possible that your disability becomes worse or your symptoms are more severe. It makes sense in this instance to seek an increase in rating. A veterans disability lawyer can assist in that process, and they can help you find evidence to prove your claim.

It's not unusual for the VA to make mistakes that lead to being denied a disability rating lower than you're entitled. If they miss an injury that you suffer from or ignore a condition which could be linked to other disabilities to earn higher ratings it's important to have an expert review your records to look for errors.

Even the fact that it's been more a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These include a review of your entire file, that could lead to changes to your effective date and a new rating that is more corresponding to your personal feelings.

It's also advisable to file a supplemental claim or higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or greater. A disability lawyer can help make a convincing case for this rating that is reserved for the most serious disabilities. A mental health problem like this one, for instance, may be a reason to get a 100 percent disability rating because it can interfere with employment or cause frequent hospitalizations that don't normally trigger this level of severity for a heart issue or other medical condition.

Helping with the Appeals Process

Despite what some believe that denial of an appeal for disability by the VA isn't the end of a person's chances to get benefits. In fact, a former soldier has a year from the date their local veterans disability settlement hospital or office mails them a decision that is not favorable to appeal.

An experienced lawyer for veterans can help a veteran decide which of the three current appeals routes is most appropriate for their particular situation. They can also assist an individual vet put the evidence they need to convince a higher level reviewer that their previous decision was wrong. They may even be able to provide veterans with a more formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individualized attention to your claim that you require. They are also likely to have extensive experience dealing with VA disability claims and understand the rules and procedures in and out. Additionally, some attorneys are veterans themselves, which means they understand the challenges disabled veterans have to face. This creates a unique kind of empathy, Veterans Disability Case which can enhance the outcome of a veterans disability case.

Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Call us today to set up your free evaluation.