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Veterans Disability Lawyers

A veteran disability lawyer can help you throughout the entire claims process. From gathering medical and service proof to submitting an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claim process.

Choose a veteran disability lawyer that specializes in these cases and is well-versed with the VA system. This will ensure that your case gets the attention it deserves.

Proving Service Connection

The VA will only grant disability benefits if they can prove that the condition you suffer from is linked to your military service. This is referred to as a linkage. You can use a variety of evidence to prove the connection. These include medical records, independent health examinations (IME), or an nexus letter from your current health care providers (especially in the case of mental health problems). There are times when veterans suffer from medically determinable disabilities but cannot get service connected because of missing or insufficient military treatment records. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and submit evidence that is backed up by experts who are impartial.

It is easier to prove an immediate connection with your service to injuries or illnesses which occurred while in the military. If you've been injured while in the military and you now suffer from headaches or concussions it is much easier to prove a direct service connection.

However, it is harder to get connected if you have an existing medical condition that grew worse when you were in the military. To prove that your service aggravated or worsened a pre-existing health condition, you'll have to present medical evidence from an expert that is "clear and undeniable".

Appealing an Denial

The VA will review your case after you have submitted your application and provided medical proof. It typically issues a decision that either approves or denies benefits. If the decision is unfavorable the veteran is given one year to file a Notice of Disagreement. A disability attorney for veterans can guide the claimant through the three review options: a supplemental claim or higher-level review, or a direct appeal before the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Make sure you consider whether they can understand your military experience and the army's culture. This can make it simpler for you and decrease the necessity to explain your circumstances and experiences in a layman's way.

You also need a company who will continue to work on your case throughout the entire duration of your appeal. Beware of firms that only assist you in the initial stages of your case, only to then disappear.

A seasoned 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 or request a formal hearing, and represent you at any Board meetings to ensure that your case is handled in a fair manner. They can also help you win your benefits, such as monetary compensation, aid and attendance, education benefits or unemployed benefits.

How can I get a better rating

There might come a time when your disability gets worse or your symptoms become more complex or broader. It makes sense in this case to request an increase in your rating. A veteran disability lawyer can help you in this process and help you gather evidence to support your claim.

It's not uncommon for the VA make mistakes, resulting in receiving a lower score than you deserve. It's a good idea to hire a professional to check your records for errors. They may have overlooked an injury or omitted any issue that could have been added to another disability to get an increase in rating.

You are still able to submit a higher-level claim or review if you've been rated for more than a calendar year. This could include a thorough review of your entire file, which may result in modifications to your effective date, as well as the creation of a new rating that is more precise to your personal feelings.

It's also worth pursuing a supplemental claim or higher-level review if you're trying to argue that you deserve a disability rating of 100 percent or more. A disability lawyer can help create a compelling case for this rating, which is reserved only for the most debilitating of disabilities. For example mental health issues could qualify you for 100% disability ratings because it can cause a significant interference with employment or frequent periods of hospitalization that do not normally trigger this type of a rating for a cardiovascular disease or other medical issue.

Getting Help with the Appeals Process

Contrary to what some may believe, an VA denial of disability benefits does not mean that an individual is in no position to claim benefits. Former service members have a year to appeal a decision that is not favorable.

An experienced attorney for veterans can assist a veteran in determining which of the current three options for appeal is the best option for his particular situation. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer their previous decision was wrong. They can give a veteran an opportunity to have a formal hearing before a Veterans Law judge.

The best thing about having a New York veteran disability attorney handle your appeal is that they'll provide the personal attention your claim needs. They also have a lot of experience in dealing with VA disability claims, and they understand the rules and procedures inside and out. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans disability lawsuits. This can result in a unique type of empathy which could help in the resolution of an appeal for veterans' disability.

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