What Freud Can Teach Us About Veterans Disability Law

Veterans Disability Lawyers

A veteran disability lawyer can assist you throughout the entire claims process. From gathering evidence of medical and other service to filing an appeal against a claim that has been denied.

Select a veteran disability attorney who focuses their practice on dealing with these cases and who is familiar with the VA's system inside and out. This will ensure your case receives the care it deserves.

Proving Service Connection

The VA will only provide disability benefits if they can prove that the condition is related to your military service. This is called a nexus. There are different types of evidence that you could use to show this connection, including medical records and independent medical examinations (IME) and letters from current healthcare providers or therapists (especially for mental health conditions). There are occasions when veterans have medically determinable disabilities, but they cannot be considered to be service-connected due incomplete or omitted documents. These cases require the help of experienced New York disability attorneys who are able to present an entire claim and submit evidence that is backed up by independent experts.

It is easier to prove 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 or concussions, it's much easier to prove a direct service connection.

It is harder to get service-connected if there was a pre-existing condition that worsened while you were in military service. To prove that your time in service has aggravated or worsened an existing medical condition, you must supply expert medical evidence that reaches the level of "clear and unmistakable" proof.

Appealing a denied application

The VA will review your case after you have submitted your application and provided medical proof. It usually issues a ruling which either approves or denies benefits. If the decision is not in favor the veteran is given one year to submit a Notice of Disagreement. A veterans disability lawyer can assist the claimant in navigating the three review options that include an additional claim, a higher-level review or an appeal directly to the Board of Veterans' Appeals.

When choosing the right New York veterans disability lawyer Be sure to think about whether they can understand your military experience and the army's culture. This will make the process more enjoyable and eliminate the need for you to talk about your experiences and situations in layman's terms.

You also need a company that will continue to work on your case throughout the entire multi-year appeals process. Be wary of firms that assist you in the first stages of your claim and then go away.

A seasoned New York veterans' disability lawyer can assist you in every stage of your claim, including appeals. They can help you submit more medical evidence, file an official hearing, and also represent you in any Board meetings so that your case is handled in a fair manner. They can also help you claim benefits like monetary compensation aid and attendance, educational benefits or unemployability benefits.

Earning a higher rating

There may be a point when your disability becomes more serious or your symptoms become more difficult or wider. It is logical in this scenario to ask for an increase in your rating. A veterans disability lawyer can assist you in this process, and they can assist you in locating evidence to support your request.

It's not common for the VA to make mistakes that result in a lower disability rating than you're entitled to. It's worth getting a professional to check your records for mistakes. They could have missed an injury or left out an issue that could be added to another disability to receive an even higher rating.

Even the fact that it's been more a year since your initial rating decision, you can file an additional review or claim. These are a thorough examination of your file. It could result in the change of your effective date or an updated rating that is more accurate to what you really feel.

If you believe you're entitled to an assessment of 100 percent, or more, it's worth making a claim for supplemental benefits. A disability lawyer can help make a convincing case for this rating which is only available for the most serious disabilities. For example the mental health issue could qualify you for an absolute disability rating because it can cause marked interruption to work or periods of hospitalization. These don't usually trigger this level of the rating for a heart disease or other medical issue.

Getting help with the Appeals Process

Despite what some think that denying an application for disability benefits by the VA is not the end of an individual's ability to get benefits. Former veterans disability attorney have one year to appeal any decision that isn't favorable.

An experienced veterans disability lawyer can help a veteran determine which of the three current appeals options is the best option for their situation. They can also assist veterans gather the evidence they need to convince a higher level reviewer that their previous decision was not correct. They can provide a veteran an opportunity to have a formal hearing before a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention your claim requires. They also have extensive experience dealing with VA disability claims, and they understand the rules and procedures in detail. Some attorneys are veterans, so they are aware of the difficulties faced by disabled veterans. This creates a unique kind of empathy that can sometimes help improve the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today for your complimentary evaluation.