Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire process of claiming. From gathering medical and service evidence to filing an appeal of an appeal denied.
Choose a veteran disability lawyer who limits their practice to handling these cases and is aware of the VA system from head to toe. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only award disability benefits when it can be proved that your condition is related to your military service. This is known as a nexus. There are many types of evidence to prove this connection. This includes medical documents, independent health examinations (IME) or a nexus letter from current healthcare providers (especially in the situation of mental health conditions). Sometimes, veterans have medically determined disabilities but cannot get service connected due to incomplete or insufficient military treatment records. These cases require the help of experienced New York disability attorneys who know how to present an entire claim as well as submit evidence that is backed up by independent experts.
It is simpler to prove that there is a direct connection to your service for injuries or illnesses that occurred while you were in the military. If you suffered injuries in the military, and now suffer from headaches and concussions it is much easier to prove a direct service connection.
However, it’s more difficult to get connected if you suffer from an existing medical condition that got worse during your time in the military. In order to prove that your service has aggravated or worsened an existing condition it is necessary to provide expert medical evidence that rises to the level of “clear and undeniable” evidence.
Appealing a Denial
After submitting an application and providing medical evidence The VA will review the case. It typically issues a decision which either approves or denies benefits. If the decision is deemed unfavorable, the veteran has one year to submit a Notice of Disagreement. A veteran’s disability attorney can assist the claimant through the three decision review options: the supplemental claim, or a higher-level review, or a direct appeal before the Board of Veterans’ Appeals.
Be sure to consider whether the lawyer has a good understanding of your military experiences and the traditions of the armed forces when selecting the New York minnetonka veterans disability law firm‘ disability lawyer. This will make the process more comfortable and eliminate the need for you to explain your experience and situations in layman’s terms.
You’ll want a firm that will take on your case through the lengthy appeals procedure. Beware of companies that will only assist you in the initial phases of your claim and then vanish.
An experienced New York veterans’ disability attorney can assist you at all stages of the claim, including appeals. They can help you submit more medical evidence, file an official hearing and represent you at any Board meetings to ensure that your case will be handled without prejudice. They can also assist you in obtaining you benefits, such as financial compensations, aid and education benefits, attendance benefits, or unemployability.
How to get a higher rating
It could happen that your disability gets worse or your symptoms are more severe. It makes sense in this scenario to ask for an increase in rating. A veteran disability lawyer can assist you with this process and help you collect evidence to prove your claim.
It’s not uncommon for the VA to make errors, which could result in being awarded a lower rating than what you deserve. It’s recommended to consult an expert to look over your records for errors. They may have missed an injury or neglected to mention any issue that could have been in conjunction with another disability to receive an even higher rating.
You can still make a higher-level claim, or review if you have been assessed for more than a calendar year. This could include a thorough review of your entire dossier, that could lead to modifications to your effective date, as well as a new rating more accurate to what you feel.
If you think you’re worthy of an assessment of 100 percent, or more, it’s worth requesting a supplemental claim. A disability attorney can help you develop a convincing argument for this kind of rating, that is reserved for those with serious disabilities. A mental illness for instance, might be a reason to get a 100 percentage disability rating since it can hinder employment or result in frequent hospitalizations that would not normally trigger this level for a heart problem or other medical conditions.
Assistance with the Appeals Process
Contrary to what some believe the fact that the fact that a VA denial of disability benefits doesn’t mean that a person isn’t eligible to receive benefits. In fact, a former servicemember is given one year from the date the local veterans’ hospital or office mails them a negative decision to appeal.
An experienced attorney for norwalk veterans disability lawyer can assist a vet in determining which of the current three pathways for appeal is the best option for his case. They can also assist veterans put the evidence together needed to convince a higher level reviewer that the previous decision was incorrect. They may even be able to provide a veteran with a more formal hearing before an millbrook veterans disability attorney Law Judge.
The most appealing aspect of having an New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim requires. They also have a wealth of experience in handling VA disability claims, and they know the rules and procedures in and out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a distinct kind of empathy that can improve the outcome of an issue involving veterans’ disability.
Sullivan & Kehoe can review your VA disability claim for no cost to determine if we are able to help you. Contact us today to arrange your complimentary evaluation.