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Veterans Disability Lawyers

A veteran disability lawyer can help you through the entire claim process. From assembling medical and service evidence to submitting an appeal of a claim that has been denied.

Choose a veterans disability attorney that is solely dealing with these cases, and who knows the VA's system inside out. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only approve disability benefits if you prove that the condition you suffer from is related to your military service. This is known as a relationship. You can use different types of evidence to prove the connection. These include medical records, independent health assessments (IME), or an nexus note from current health care providers (especially in the case of mental health conditions). There are occasions when veterans have medically determined disabilities, but are unable to be considered service connected due to missing or incomplete documents. These cases require the help of skilled New York disability attorneys who know how to present an entire claim and provide evidence that is backed up by independent experts.

It is much easier to prove a direct connection if injuries or illnesses occurred while you were in the military. For instance, if received a head injury while serving and are now suffering from concussions and headaches, there is a clear connection between the events that led to your current health condition.

However, it is harder to get connected if you suffer from a pre-existing medical condition that became worse when you were in the military. To prove that your service worsened or aggravated an existing illness it is necessary to provide expert medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a Denial

After submitting an application and providing medical evidence After submitting the application and providing medical evidence, the VA will examine the case. It usually makes a decision which either approves or denies benefits. If the decision is not favorable, the veteran has one year to file a notice of disagreement. A veterans disability attorney can assist the claimant through the three review options - either a supplemental claim or a more advanced review, or an direct appeal to the Board of veterans disability law firm' Appeals.

When choosing the right New York veterans disability lawyer Make sure you consider whether they can understand your military experiences and the military's culture. This can make the process more comfortable and less demanding for you to describe your experiences and circumstances in plain English.

You want a company that will take on your case through the lengthy appeals procedure. Be wary of firms that only assist you in the initial stages of your claim and then go away.

A seasoned New York veterans disability attorney will assist you with every stage of your claim and appeals, including the appeals procedure. They can assist you in submitting additional medical evidence or 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 win your benefits, like monetary compensation, aid and attendance, education benefits, or unemployment benefits.

How can you get a better rating

There might come a time when your disability becomes more serious or your symptoms become more difficult or wider. In such a case it's logical to ask for a higher rating. A veterans disability lawyer can assist in that process, and they can assist you in finding evidence to support your request.

It's not uncommon for the VA to make mistakes that result in an under-rated rating than you deserve. It's a good idea to hire an expert to examine your records for mistakes. They may have missed an injury or omitted a problem which could be in conjunction with another disability to receive a higher rating.

You are still able to make a higher-level claim, or review if you've been given a rating for more than one calendar year. These involve a full review of your file, and could result in the change of your effective date or a new rating that's more accurate to how you feel.

It's also worth pursuing a supplemental claim or higher-level review if you're entitled to a disability rate of 100 percent or higher. A disability lawyer can help make a convincing case for this rating which is reserved for the most debilitating disabilities. A mental health condition for instance, might qualify you for a 100 percent disability rating because it can hinder employment or cause frequent hospitalizations which don't normally trigger this level for a heart problem or any other medical condition.

Assistance with the Appeals Process

Contrary to what many believe the fact that the fact that a VA denial of disability benefits does not mean that the person is in no position to claim benefits. Former service members have one year to appeal an outcome that is not favorable.

An experienced veterans disability attorney can assist a vet in determining which of the three appeal options would be the most appropriate for his particular situation. They can also help veterans put the evidence needed to convince a higher level reviewer that their previous decision was wrong. They can even assist a veteran with a formal hearing before an Veterans Law Judge.

The greatest benefit of having a New York veteran disability attorney handle your appeal is that they are able to give you the individual attention your claim deserves. They will also have extensive experience dealing with VA disability claims, and are familiar with the rules and procedures inside out. Some attorneys are veterans, so they know the challenges that disabled veterans face. This creates a distinct type of empathy that may make a difference in the outcome of a disability claim for veterans.

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