What Freud Can Teach Us About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer will guide you through the entire claim process. From gathering medical and service evidence to submitting an appeal of a denied claim.
Select a veteran disability lawyer who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure your case receives the care it deserves.
Proving Service Connection
The VA will only grant disability benefits if it can be proven that your condition is related to your military service. This is known as a linkage. You can make use of various types of evidence to prove the connection. This includes medical documents, independent health examinations (IME) or a nexus letter from current health care providers (especially in the situation of mental health conditions). There are occasions that veterans suffer from medically-determined disabilities, but they are not able to be considered to be service-connected due insufficient or missing documents. These cases require the assistance of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is backed up by experts who are independent.
It is much easier to establish that there is a direct connection to your service for illnesses or injuries that you sustained while in the military. For instance, if were hit in the head while serving and are now suffering headaches and concussions, there is a clear link between these events and your current condition.
It is more difficult to be service-connected if there was an existing medical condition that was worsened while you were in military service. To prove that your time in the military has aggravated or exacerbated a pre-existing condition, you'll need to provide medical evidence from a professional that is "clear and irrefutable".
Appealing an Denial
After submitting an application and providing medical evidence The VA will review the application. It usually makes a decision that either approves or denies benefits. If the decision is not favorable, the veteran is given one year to submit a notice of disagreement. A disability lawyer for veterans can assist the claimant in navigating the three possible review options that include a supplemental claim, higher-level review, or a direct appeal to the Board of veterans disability attorneys' Appeals.
When deciding on a New York veterans disability lawyer Take into consideration whether they can understand your military experience and army's culture. This can make things easier for you and decrease the necessity to explain your circumstances and experiences in layman's terms.
You also need a company who will remain on your case for the entire appeals process of several years. Beware of firms that only assist you with the initial phases of your case and 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, request a formal hearing and represent you at any Board meetings to ensure that your case is handled fairly. They can also help you win you benefits such as financial compensations, aid and education benefits, attendance benefits, or firms unemployability.
How to get a higher rating
It could happen that your disability becomes worse or your symptoms become more severe. In this case, it makes sense to ask for a higher rating. A veterans disability lawyer can help with that process, and they can help you find evidence to prove your claim.
It's not uncommon for the VA make mistakes, which can result in a lower rating than you deserve. Whether they accidentally miss an injury you've suffered or miss a condition which could be linked to other disabilities to get higher ratings It's worthwhile to have an expert review your records to spot any mistakes.
You are still able to submit a higher-level claim or review if you've been given a rating for more than one calendar year. This includes a review of your entire file which could result in modifications to your effective date, as well as the creation of a new rating that is more precise to your feelings.
If you believe you're entitled to a rating of 100 percent or higher, it's worth making a claim for supplemental benefits. A disability lawyer can help build a strong case for this rating which is only available for the most debilitating of disabilities. A mental illness such as depression, for instance, could be a reason to get a 100 percentage disability rating since it could affect your job or cause frequent hospitalizations that don't normally trigger this level of a cardiovascular problem or other medical issues.
Need help with the Appeals Process
Contrary to what many people think that denial of an appeal for disability by the VA is not the end of an individual's chance to receive benefits. In fact, a former military member has a year from the date their local veterans hospital or office mails them a decision that is not favorable to appeal.
A skilled veterans disability lawyer can help a veteran decide which of the three ways to appeal is most appropriate for their particular situation. They can also help a vet get the evidence together 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 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 dealing with VA disability claims, and they know the rules and procedures both inside and outside. Additionally, some attorneys are veterans themselves, which means they are aware of the difficulties disabled veterans face. This creates an unique type of empathy, which can make a difference in the outcome of a disability claim for veterans.
Sullivan & Kehoe can review your VA disability claim for free to determine if we can help you. Call us now to schedule an evaluation for free.