What Freud Can Teach Us About Veterans Disability Law
Veterans Disability Lawyers
A veteran disability lawyer can help you throughout the entire claims process. From assembling medical and service evidence to filing an appeal against an appeal denied.
Choose a veteran disability attorney that specializes in these types of cases and is familiar 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 is confirmed that your illness is related to your military service. This is called a nexus. There are a variety of evidence you can prove this connection, such as medical records or independent medical exams (IME) and nexus letters from current healthcare providers or therapists (especially for mental health issues). There are instances where veterans are diagnosed with medical disabilities, but cannot be considered to be service-connected due the absence of or insufficient documents. These cases require the help of experienced New York disability lawyers who know how to make a complete claim and present evidence that is confirmed by experts who are independent.
It is much easier to prove the direct connection between your service and injuries or illnesses that occurred while in the military. If you were injured in the military and now suffer from headaches or concussions, it is easier to prove a direct service connection.
However, it is more difficult to get service connected if you suffer from a pre-existing medical condition that grew worse while you were in the military. To prove that your time in the military has aggravated or exacerbated a pre-existing medical condition, you'll need to provide medical evidence from a professional that is "clear and undeniable".
Appealing a Denial
The VA will review your case after you have submitted your application and provided medical evidence. It usually makes a decision that either approves or denies benefits. If the decision is unfavorable the veteran has one year to file a Notice of Disparagement. A veterans disability lawyer can assist the applicant navigate the three decision review options that include an additional claim, a higher-level review or a direct appeal to the Board of Veterans' Appeals.
When deciding on a New York veterans disability attorneys disability lawyer Be sure to think about whether they have a good understanding of your military background and culture of the armed forces. This can make things easier for you and decrease the need to explain your situations and experiences in layman's terms.
You should also choose a firm who will remain on your case throughout the duration of the appeals process over a period of years. Be wary of firms that help you with the initial stages of your claim and then go away.
A seasoned New York veterans' disability attorney can help you with all phases of the claim, including appeals. They can assist you in submitting additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure your case is handled in a fair manner. They can also help win you benefits such as assistance, monetary compensations and attendance benefits, educational benefits, or unemployedness.
How do I obtain a higher rating
It may happen that your disability becomes worse or your symptoms are more severe. In that case, it makes sense to request an increase in your rating. A veterans disability lawyer can assist in that process, and they can assist you in locating evidence to justify your request.
It's not uncommon for the VA make mistakes, which can result in an under-rated rating than you deserve. It's a good idea to hire an expert to examine your records for any errors. They could have missed an injury or missed the issue that could be in conjunction with another disability to receive an increase in rating.
Even when it's been over a year since your initial rating decision, you have the option of filing a higher-level review or supplemental claim. These involve a full review of your file and can result in an amendment to your effective date or an updated rating that is more in line with how you really feel.
It's also worth pursuing an additional claim or a higher-level review if you're trying to argue that you are entitled to a disability rating of 100 percent or higher. A disability lawyer can assist you to make a convincing case for this rating which is reserved for the most debilitating of disabilities. A mental health problem, for example, may be a reason to get a 100 percent disability rating, as it can hinder employment or cause frequent hospitalizations which do not normally trigger this level of a cardiovascular problem or any other medical condition.
Getting help with the Appeals Process
Contrary what some believe contrary to what many may think, contrary to what some may believe, a VA denial of disability benefits doesn't mean that the person has no chance of recovering benefits. Former service members have a year to appeal the decision if it is not favorable.
An experienced veterans disability lawyer can assist a veteran in determining which of the three current appeals options is most appropriate for their particular situation. They can also help an individual in assembling the evidence needed to convince a higher-level reviewer that their previous decision was not correct. They can even provide veterans with a formal hearing before a Veterans Law Judge.
The best thing about having a New York veteran disability attorney handle your appeal is that they will give you the individual attention your claim deserves. They are also likely to have a wealth of experience in dealing with VA disability claims and are aware of the rules and procedures from top to bottom. Some attorneys are veterans, so they know the challenges faced by disabled veterans. This can result in a unique type of empathy which could help in the resolution of an appeal for 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 set up your complimentary evaluation.