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Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire claim process. From gathering medical and veterans disability lawyers service evidence to submitting an appeal of an appeal denied.

Choose a lawyer for Veterans Disability Lawyers veterans who is specialized in handling these cases and is aware of the VA's system from top to bottom. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if they can prove that the condition you are suffering from is linked to your military service. This is known as a "nexus. 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 healthcare providers (especially in the case of mental health problems). There are occasions when veterans have medically determinable disabilities, but they are not able to be considered service connected due to incomplete or omitted records. These cases require the help of skilled New York disability lawyers who know how to make an entire claim and provide evidence that is backed up by experts who are impartial.

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

It is more difficult to be service-connected if you had an existing medical condition that was worsened during your military service. In order to prove that your service has aggravated or worsened an existing condition it is necessary to provide expert medical evidence that reaches the level of "clear and unmistakable" evidence.

Appealing to a Denial

After submitting an application and providing medical evidence after which the VA will review the case. It usually issues a ruling which either approves or denies benefits. If the decision isn't favorable, the veteran has a year to make a formal complaint. A veterans disability attorney can help the claimant navigate through the three review options - the supplemental claim, or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experiences and the culture of the armed services when choosing a New York veterans' disability lawyer. This will help you feel more comfortable and less demanding for you to describe your experiences and the circumstances in layman's terms.

You should also find a firm who will remain on your case throughout the entire multi-year appeals process. Beware of firms that only assist you in the initial stages of your claim and then disappear.

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 more medical evidence, ask for an official hearing and assist you at any Board meetings to ensure your case will be handled without prejudice. They can also help win you benefits like cash compensations, aid or education benefits, attendance benefits, or unemployedness.

Achieving a Higher Rating

There may come a time when your disability gets worse, or your symptoms get broader or more challenging. In that case, it makes sense to ask for an increase in your rating. A veteran disability lawyer can assist you with this process and assist you to gather evidence to back your claim.

It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. It's worth getting an expert to review your records for errors. They might have missed an injury or omitted any issue that could have been coupled with another disability to earn an even higher rating.

Even even if it's been more than one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These involve a full review of your file and can result in a change to your effective date or an updated rating that is more accurate to what you feel.

It's also worth pursuing an additional claim or a more thorough review if you believe you deserve a disability rating of 100 percent or greater. A disability attorney can help you develop an argument that supports this kind of rating, that is reserved for those with serious disabilities. For instance an illness that is mental could be a reason to get a 100% disability rating because it can cause a significant interference with employment or frequent periods of hospitalization. These don't usually trigger this level of rating for cardiovascular disease or other medical problems.

Getting help with the Appeals Process

Despite what some people may believe the denial of a disability claim by the VA isn't the end of an individual's chance to recover benefits. In fact, a former military member can wait one year from date their local veterans hospital or office mails them a decision that is not favorable to file an appeal.

A skilled veterans disability attorney can assist a veteran to determine which of the three pathways for appeal is best for his situation. They can also assist with gathering the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They may also give a veteran an additional formal hearing front of a Veterans Law judge.

The best thing about having an New York veteran disability attorney handle your appeal is that they can provide the personalized attention your claim demands. They are also likely to have a vast experience handling VA disability claims and understand the rules and procedures from top to bottom. Some attorneys are veterans disability lawyer, and therefore are aware of the difficulties faced by disabled veterans. This creates a unique type of empathy that can sometimes help improve the outcome of a case involving a disabled veteran.

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