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Veterans Disability Lawyers

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

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

Proving Service Connection

The VA will only provide disability benefits if you can prove that the condition is connected to your military service. This is known as a linkage. There are many types of evidence to prove this connection. These include medical records, independent health examinations (IME) or a an nexus note from current healthcare providers (especially in the case of mental health conditions). There are occasions when veterans have medically determinable disabilities, but they cannot be service connected because of the absence of or insufficient documents. These cases require the assistance of experienced New York disability lawyers who know how to present an accurate claim and submit evidence that is supported by experts who are impartial.

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

However, it's more difficult to get service connected if you suffer from a pre-existing medical condition that grew worse while you were in the military. In order to prove that your service has aggravated or worsened a pre-existing illness it is necessary to provide expert medical evidence that rises to the level of "clear and irrefutable" proof.

Appealing to a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. It usually issues a ruling which either approves or denies benefits. If the decision is not favorable, the veteran has one year to make a notice of disagreement. A veteran's disability attorney can guide the claimant through the three review options: an additional claim or a higher-level review, or a direct appeal before the Board of Veterans' Appeals.

Take note of whether the lawyer is familiar with your military experience and the culture of the armed services when choosing the New York veterans' disability lawyer. This can make it simpler for you and decrease the need to explain your situations and experiences in a layman's way.

You should also find a firm who will remain on your case for the entire duration of your appeal. Beware of firms that only assist you in the initial stages of your claim and then go away.

An experienced New York veterans disability lawyers disability attorney can assist with all stages of your claim and appeals, including the appeals procedure. They can help you submit additional medical evidence, request an official hearing, and represent you at any Board meetings to ensure that your case will be handled fairly. They can also assist you to claim benefits such as monetary compensation, aid and attendance, educational benefits or unemployability benefits.

Getting a Higher Rating

It could be that your disability gets worse or your symptoms become more severe. In such a case it's logical to request a higher rating. A veteran disability lawyer can help you in this process and help you collect evidence to support your claim.

It's not common for the VA to make mistakes that result in a lower disability rating than you're entitled. If they miss an injury or miss a condition that could be linked with other disabilities to receive an improved rating It's a good idea to have an expert review your records to identify any mistakes.

Even even if it's been more than one year since you made your initial rating decision, you can file an additional review or claim. These involve a full review of your dossier and may result in the change of your effective date or an entirely new rating that's more in line with how you truly feel.

If you believe you're entitled to a rating of 100 percent, or higher, it's worth applying for a supplemental claim. A disability lawyer can help you develop an argument that supports this kind of rating, that is reserved for those with debilitating disabilities. For example mental health issues might qualify you for an absolute disability rating because it can cause a significant interruption to work or periods of hospitalization. These don't normally trigger such a rating for a cardiovascular condition or other medical problem.

Getting Help with the Appeals Process

Contrary to what many people believe the denial of an application for disability benefits by the VA isn't the end of an individual's ability to get benefits. Former service members have a year to appeal the decision if it is not favorable.

An experienced lawyer for veterans can assist a veteran to determine which of the three appeals options is best for their case. They can also help veterans in obtaining the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They may even be able to provide a veteran with a formal hearing before an veterans disability attorney Law Judge.

A New York veteran disability lawyer can provide you with the personal attention to your claim that you require. They also have years of experience handling VA disability claims and are aware of the rules and procedures inside and out. Some lawyers are veterans, and therefore know the challenges that disabled veterans face. This can create a special type of empathy which can improve the outcome of an issue involving veterans' disability.

Sullivan & Kehoe's team of experienced lawyers can evaluate your VA disability claim for free to determine if we are able to help you. Call us now to schedule your free assessment.