Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering evidence of medical and other service to submitting an appeal of a claim that has been denied.
Choose a lawyer for veterans who focuses their practice on handling these cases and is aware of the VA system from head to toe. This will ensure that your case receives the attention it deserves.
Proving Service Connection
The VA will only award disability benefits when it can be confirmed that your illness is directly related to your military service. This is referred to as a linkage. There are various types of evidence you could use to show this connection, such as medical records as well as independent medical examinations (IME), and the nexus letter from your current health professionals or therapists (especially for mental health issues). There are occasions that veterans suffer from medically-determined disabilities, but cannot be considered service-connected due to the absence of or insufficient records. These cases require the assistance of skilled New York disability lawyers who are able to present a complete claim and present evidence that is confirmed by experts who are independent.
It is much easier to establish direct service connection for injuries or illnesses that you sustained while in the military. For instance, if you suffered head injuries during your time in service and you are suffering headaches and concussions, there is a clear link between the two events and the current condition you are suffering from.
It is harder to get connected to the military if you suffered from an existing condition that got worse while you were in military service. To prove that your service was a catalyst for the worsening or aggravation of a pre-exist condition, you will need to present medical evidence that is "clear and irrefutable".
Appealing a Denied Application
The VA will review your application after you have submitted your application and provided medical proof. The VA usually issues an approval or denial of benefits. If the decision is not favorable, the veteran has one year to make a notice of disagreement. A lawyer for veterans' disabilities can assist the claimant through the three possible review options which include 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 culture of the armed services when selecting the New York veterans' disability lawyer. This will make it easier for you to understand and reduce the need to describe your experiences and experiences in layman's.
You also need a company that will work on your case throughout the duration of the appeals process over a period of years. Be wary of firms that only assist you with the initial phases of your claim and then disappear.
A seasoned New York
chestertown veterans disability law firm disability attorney will assist you with every stage of your claim, including the appeals process. They can assist you in submitting more medical evidence, ask for an official hearing, and represent you in any Board meetings to ensure your case will be dealt with without prejudice. They can also assist you in obtaining you benefits, such as financial compensations, aid and attendance benefits, educational benefits, or unemployability.
Getting a Higher Rating
There may come a time where your disability gets more severe, or your symptoms get more difficult or wider. It is logical in this case to request a higher rating. A lawyer for veterans' disability can assist in that procedure, and help you dig up evidence to back your request.
It's not uncommon to see the VA to make errors, which could result in a lower rating than you deserve. If they miss an injury or miss a condition that could be linked with other disabilities to earn higher ratings it's important to have an expert review your records to look for mistakes.
You can still make a higher-level claim, or review if you have been assessed for more than a calendar year. These can include a review of your entire file, which could result in modifications to your effective date and an updated rating that is more true to your personal feelings.
If you believe that you are entitled to a rating of 100 percent or higher, it's worth requesting a supplemental claim. A disability lawyer can help build a strong case for this rating which is reserved for the most serious disabilities. For example the mental health issue might qualify you for 100% disability ratings because it could cause significant interruption to work or periods of hospitalization. These don't typically trigger this kind of an assessment for a cardiovascular illness or
Vimeo other medical issues.
Assistance with the Appeals Process
Contrary to what many believe Contrary to what some may believe, an VA denial of disability benefits doesn't mean that a person is in no position to claim benefits. Former veterans have one year to appeal a decision that is not favorable.
A skilled veterans disability attorney can help a vet determine which of the current three appeals options is best for his situation. They can also help a vet in gathering the evidence needed to convince a higher-level reviewer that their previous decision was wrong. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.
The benefit of having a New York veteran disability attorney handle your appeal is that they'll give you the individual attention your claim requires. They are also likely to have extensive experience handling VA disability claims, and they know the rules and procedures both inside and outside. Some attorneys are veterans, and therefore are aware of the difficulties that disabled veterans face. This can create a special kind of empathy that can improve the outcome of a veterans' disability case.
Sullivan & Kehoe can review your VA disability claim at no cost to determine if we are able to assist you. Contact us today to arrange your free assessment.
