What Freud Can Teach Us About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can assist you through the entire claim process. From collecting medical and service evidence to filing an appeal for a denied claim, a veteran disability lawyer can assist you throughout the entire claims process.
Choose a veterans disability attorney who limits their practice to dealing with these cases, and who knows the VA's system inside out. This will ensure that your case gets the attention it deserves.
Proving Service Connection
The VA will only approve disability benefits only if you prove that the condition you suffer from is a result of your military service. This is known as a linkage. You can use a variety of evidence to prove this connection. This includes medical records, independent health exams (IME) or a an nexus letter from your current health care providers (especially in the case of mental health problems). There are instances that veterans disability lawsuit suffer from medically-determined disabilities, but cannot be considered to be service-connected due missing or incomplete records. These cases require the help of experienced New York disability lawyers who know how to make an entire claim and provide evidence that is confirmed by independent experts.
It is much easier to prove a direct connection when injuries or illnesses occurred while you were in the military. For instance, if you received a head injury while serving and are now suffering from concussions and headaches, there is a strong connection between the events that led to the current condition you are suffering from.
However, it is harder to get connected if you suffer from a pre-existing medical condition that became worse during your time in the military. In order to prove that your time in service has aggravated or worsened an existing condition, you must supply expert medical evidence that is at the level of "clear and undeniable" proof.
Appealing a denied application
The VA will review your application after you have submitted your application and submitted medical evidence. It typically issues a decision which either approves or denies benefits. If the decision is not favorable the veteran is given one year to make a notice of disagreement. A veterans disability attorney can help the claimant navigate through the three decision review options - either a supplemental claim or a more advanced review, or an direct appeal before the Board of Veterans' Appeals.
When choosing when choosing a New York veterans disability lawyer Be sure to think about whether they understand your military experiences and the culture of the armed forces. This will make it easier for you and lessen the need to describe your experiences and experiences in layman's.
You should also choose a firm that will continue to 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 first stages of your claim, and then go away.
An experienced New York veterans disability attorney can assist with all stages of your claim, including the appeals process. They can assist you in submitting more medical evidence, request an official hearing, and represent you at any Board sessions to ensure that your case will be handled fairly. They can also assist you in obtaining you benefits such as monetary compensations, aid and attendance benefits, education benefits, or unemployment.
How do I obtain a higher rating
It may happen that your disability becomes worse or your symptoms are more severe. In such a case it's sensible to request an increase in your rating. A veteran disability lawyer can assist you in this process and assist you to collect evidence to support your claim.
It's not unusual for the VA make mistakes, which can result in receiving a lower score than you deserve. In the event that they fail to notice an injury you have or miss a condition that could be combined with other disabilities to receive a higher rating It's a good idea to have a professional look over your records to spot any mistakes.
Even even if it's been more than one year since the initial rating decision, you still have the option of filing a higher-level review or supplemental claim. These can include a review of your entire file, which can result in modifications to your effective date, as well as a new rating more accurate to your personal feelings.
If you believe that you are entitled to an assessment of 100 percent or more, it's worth applying for a supplemental claim. A disability lawyer can help you build a strong case for this rating which is reserved for the most debilitating disabilities. A mental health condition, for example, may allow you to receive a 100 percent disability rating, as it could affect your job or trigger frequent hospitalizations that would not normally trigger this level for a heart issue or other medical condition.
Getting Help with the Appeals Process
Despite what some people may think the denial of an application for disability benefits by the VA isn't the end of an individual's chances to get benefits. Former veterans disability attorneys have one year to appeal the decision if it is not favorable.
An experienced veterans disability attorney can assist a veteran to determine which of the current three appeal options is the best option for his particular case. They can also assist veterans in obtaining the evidence required to convince a higher-level reviewer their previous decision was wrong. They can provide a veteran an extra formal hearing front of an Veterans Law judge.
A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have a wealth of experience in handling VA disability claims and are aware of the rules and procedures inside and out. Additionally, some attorneys are veterans themselves, which means that they understand the challenges disabled veterans have to face. This creates a unique kind of empathy that can sometimes help 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. Call us today to schedule your free evaluation.