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Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering evidence of medical and other service to submitting an appeal of a denied claim.

Choose a veteran disability lawyer who is specialized in these cases and is familiar with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only award disability benefits only if you prove that the condition you suffer from is a result of your military service. This is known as a linkage. You can make use of various types of evidence to prove the connection. These include medical records, independent health exams (IME) or a an nexus note from current health care providers (especially in the case of mental health problems). There are instances where veterans are diagnosed with medical disabilities, but they cannot be considered service-connected due to incomplete or omitted records. These cases require the help of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is confirmed by independent experts.

It is much easier to establish the direct connection between your service and illnesses or injuries that occurred while you were in the military. If you were injured in the military, and now suffer from headaches and concussions it is much easier to establish a direct connection to the service.

It is difficult to be service-connected if you had an existing condition that deteriorated while you were in military service. To prove that your service has aggravated or exacerbated a pre-existing condition, you will 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 usually issues the decision of approving or disapproving benefits. If the decision isn't favorable, the veteran has a year to file a notice of disagreement. A disability lawyer for veterans can assist the claimant in navigating the three review options -- an additional claim, a higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Make sure the lawyer is knowledgeable of your military experience as well as the tradition of the armed services when choosing a New York veterans' disability lawyer. This will make it easier for you and decrease the need to explain your situations and experiences in a layman's way.

You need a firm that will handle your case through the lengthy appeals process. Be wary of firms that only assist you with the first stages of your claim, and then go away.

An experienced New York veterans disability law disability attorney will assist you with every stage of your claim including the appeals process. 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 dealt with fairly. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits or unemployed benefits.

Achieving a Higher Rating

There may come a time where your disability gets more severe or your symptoms become more complicated or veterans disability case broad. It is logical in this scenario to ask for an increase in rating. A veterans disability claim disability lawyer can help with that procedure, and help you dig up evidence to justify your request.

It's not common for the VA to make mistakes that result in an lower disability rating than you're entitled to. It's a good idea to hire an expert to review your records for errors. They could have missed an injury or left out a problem which could be added to another disability to earn an improved rating.

Even when it's been over a year since your initial rating decision, you can file a higher-level review or supplemental claim. This involves a thorough review of your dossier and may result in changes to your effective date or an entirely new rating that's more accurate to how you feel.

If you think you're worthy of an assessment of 100 percent, or higher, veterans disability case it's worth making a claim for supplemental benefits. A disability lawyer can help build a strong case for this rating, which is reserved only for the most debilitating of disabilities. For instance mental health issues might qualify you for 100% disability ratings because it could cause significant interference with employment or frequent periods of hospitalization. These don't normally trigger such a rating for a cardiovascular disease or other medical problems.

Assistance with the Appeals Process

Contrary to what some may believe Contrary to what some may believe, an VA denial of disability benefits does not mean that a person is not eligible for benefits. Former service members have one year to appeal any decision that isn't favorable.

An experienced veteran disability attorney can help a vet determine which of the three appeal options would be best for his case. They can also help with gathering the evidence required to convince a higher-level reviewer that the previous decision was not right. They may also give a veteran a more formal hearing in front of a veterans disability lawsuit Law judge.

A New York veteran disability lawyer can give you the personalized attention you require for your claim. They also have a lot of experience managing VA disability claims, and they know the rules and procedures inside out. Some lawyers are veterans, so they are aware of the difficulties that disabled veterans disability law face. This creates a distinct type of empathy that can sometimes improve the outcomes of a veterans disability case.

Sullivan and Kehoe's team highly trained lawyers can review your VA disability claims for free to determine if we are able to help you. Call us today to schedule your free assessment.