Veterans Disability Lawyers

A veteran disability lawyer will guide you through the entire process of claiming. From collecting medical and service proof to filing an appeal against an appeal denied.

Select a veteran disability attorney that is experienced 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 award disability benefits if you can prove that the condition you have is connected to your military service. This is called a nexus. You can use different types of evidence to prove the connection. These include medical documents, independent health examinations (IME), or an nexus note from current health care providers (especially in the situation of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but are unable to be considered service-connected due to incomplete or omitted documents. These cases require the help of skilled New York disability lawyers who know how to present a complete claim and veterans disability submit evidence that is supported by experts who are impartial.

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

It is more difficult to be service-connected if you had an existing medical condition that was worsened while you were in military service. To prove that your service worsened or aggravated an existing medical condition it is necessary to provide expert medical evidence that is at the level of "clear and undeniable" proof.

Appealing to a Denial

The VA will review your application after you have submitted your application and provided evidence of medical necessity. The VA usually issues an approval or denial of benefits. If the decision isn't favorable, the veteran is given one year to make a formal complaint. A disability lawyer for veterans can assist the claimant in navigating the three decision review options -- the supplemental claim, the higher-level review or a direct appeal to the Board of Veterans' Appeals.

Consider whether the lawyer understands your military experience and the military's culture when selecting the New York veterans' disability lawyer. This can make the process more comfortable and eliminate the need for you to describe your experiences and situations in plain language.

You should also choose a firm that will continue to work on your case throughout the entire appeals process of several years. Be wary about firms that assist you with the initial stages of your claim and then go away.

An experienced New York wisconsin veterans disability lawsuit' disability attorney can assist you through all stages of the claim, including appeals. They can assist you in submitting more medical evidence, request an official 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, like monetary compensation, aid and attendance, education benefits or unemployability benefits.

Achieving a Higher Rating

It is possible that your disability gets worse or your symptoms get more severe. It makes sense in this scenario to ask for an increase in your rating. A veteran disability lawyer can help you in this process, and also help you collect evidence to prove your claim.

It's not uncommon for the VA to make mistakes that result in a lower disability rating than you're entitled to. In the event that they fail to notice an injury that you suffer from or ignore a condition that could be linked with other disabilities to receive an improved rating, it's worth having an expert look over your records to find any mistakes.

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 are a thorough examination of your file. It could result in changes to your effective date or an updated rating that is more in line with how you feel.

If you believe you deserve a rating of 100 percent, attorneys or higher, consider making a claim for supplemental benefits. A disability lawyer can help you create a compelling argument for this type of rating, which is reserved for very difficult to treat disabilities. For example mental health issues could qualify you for an absolute disability rating because it can cause a significant disruption to your work or frequent periods of hospitalization. These don't usually trigger this level of rating for cardiovascular condition or other medical problem.

Assistance with the Appeals Process

Contrary to what some believe 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. In fact, a former soldier can wait one year from date the local veterans' hospital or office sends them a decision that is not favorable to file an appeal.

An experienced veteran disability attorney can assist a vet in determining which of the three options for appeal is best for his situation. They can also assist a vet in gathering the evidence required to convince a higher-level reviewer their previous decision was not correct. They may even be able to provide a veteran with a formal hearing before a Veterans Law Judge.

A New York veteran disability lawyer will give you the individual attention that your claim needs. They are also likely to have a vast experience handling VA disability claims, and they know the rules and procedures inside and out. Some attorneys are veterans, and therefore are aware of the difficulties faced by disabled veterans. This can create a distinct type of empathy which could help in the resolution of a veterans' disability case.

The Sullivan & Kehoe team of highly trained lawyers will review your VA disability claim for free to determine whether we can assist you. Contact us today for your free evaluation.