Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From assembling medical and service evidence to filing an appeal of a claim that has been denied.

Select a veteran disability attorney that is solely dealing with these cases, and who knows the VA system from head to toe. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only provide disability benefits if it can be proven that your condition is directly related to your military service. This is called a nexus. There are various types of evidence you can use to show this connection, including medical records as well as independent medical examinations (IME) and the nexus letters of current healthcare providers or therapists (especially for mental health conditions). Sometimes veterans have medically determinable disabilities but aren't able to get connected due to missing or incomplete military treatment records. These cases require the assistance of experienced New York disability attorneys who are able to present an entire claim as well as submit evidence that is backed by independent experts.

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

It is a lot more difficult to become connected to the military if you suffered from an existing condition that got worse during your military service. To prove that your time in service has aggravated or worsened an existing illness, you must supply expert medical evidence that is at the level of "clear and unmistakable" evidence.

Appealing to a Denial

After submitting an application and providing medical evidence The VA will review the case. The VA usually issues an approval or denial of benefits. If the decision is not favorable, the veteran is given one year to make a formal complaint. A lawyer for veterans' disability can help the claimant navigate the three review options -- a supplemental claim, higher-level review, or a direct appeal to the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience as well as the military's culture when selecting the New York veterans disability lawyers' disability lawyer. This can make the process more comfortable and less demanding for you to explain your experiences and situations in layman's terms.

You need a firm that will be working on your case throughout the long appeals procedure. Beware of firms that only assist you in the initial stages of your case, only to then vanish.

An experienced New York veterans disability attorney can assist you in all stages of your claim including the appeals process. They can help you submit additional medical evidence, request an official hearing, and also represent you in any Board meetings to ensure that your case will be dealt with fairly. They can also assist in obtaining you benefits like monetary compensations, aid and attendance benefits, education benefits, or even unemployment.

How to get a higher rating

It may happen that your disability becomes worse or your symptoms get more severe. It makes sense in this situation to ask for an increase in the rating. A veteran disability lawyer can help you with this process and help you collect evidence to back your claim.

It's not uncommon for the VA make mistakes, resulting in a lower rating than you deserve. If they overlook an injury or miss a condition which could be linked to other disabilities to earn higher ratings It's worthwhile to have a professional look over your records to find any errors.

You can still submit a higher-level claim or review if you've been evaluated for more than a calendar year. These can include a review of your entire dossier, which could result in changes to the effective date of your claim and an updated rating that is more true to your feelings.

It's also worth looking into an additional claim or a more thorough review if you're trying to argue that you are entitled to a disability rating of 100 percent or more. A disability lawyer can help develop a compelling argument for this rating, which is reserved only for the most debilitating disabilities. For instance an illness that is mental could qualify you for a 100% disability rating because it can cause marked interference with employment or frequent periods of hospitalization that don't normally trigger such rating for cardiovascular disease or other medical problems.

Help with the Appeals Process

Despite what some think the denial of an appeal for disability by the VA is not the end of an individual's chances to receive benefits. Former military personnel have a year to appeal the decision if it is not favorable.

A skilled veterans disability attorney can assist a vet in determining which of the current three options for appeal is the best option for his situation. They can also help a vet get the evidence needed to convince a higher-level reviewer that the previous decision was incorrect. They can provide a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention that your claim needs. They also have extensive experience dealing with VA disability claims, and they know the rules and procedure completely. Additionally, some attorneys are veterans themselves, which means that they are aware of the difficulties disabled veterans face. This creates an unique type of empathy that can sometimes make a difference in the outcome of a disability claim for veterans.

Sullivan and Kehoe's team highly trained lawyers will review your VA disability claim for free to determine whether we can help you. Contact us today for your free assessment.