veterans disability law firms Disability Attorneys
A veteran's monthly monetary compensation is based on their disability rating, which can increase or decreases in 10-percent increments. A New York veterans disability lawyer can make sure that all documents and applications are error-free and complete to improve your chances of obtaining the highest possible rating.
A qualified
veterans disability lawyer can assist with filing a higher-level appeal or review and can also request an official hearing and medical evidence, such as an IME or VE in the event of need. Our initial consultations are always free.
Appeal
Your New York veterans disability lawyer will apply a comprehensive approach to your appeal, regardless of whether you are appealing a denial or rating decision that is not in your favor. This will give you the best chance of winning your appeal. The VA appeals process is complicated and there are brief filing deadlines during many stages. Our lawyers are familiar with the nuances and nuances of each step and will be at your side, giving you personal attention throughout your case.
If a veteran is not happy with an outcome,
veterans Disability lawyer he or she may choose to pursue a Supplemental Claim or Higher-Level Review of the decision. During this process a senior reviewer will examine all of the evidence that you presented originally to make an opinion and determine whether they believe there was an error in your decision. A veteran can also request a private hearing during this period.
If a veteran is unable to agree with the results of a Higher-Level Review, he or she may appeal to the Board of Veterans Appeals. This is a more formal procedure where a hearing occurs before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision-review officer and judge to ensure all arguments and evidence are properly effectively presented and argued front of the board member.
Higher-Level Reviews
Veterans who are dissatisfied with an initial decision about their claim have three options since February 2019. This is due to the VA Appeals Modernization Act. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will determine which option is best for each Veteran's situation.
Using the Higher-Level Review appeal, the Veteran to request a fresh review of their case by a seasoned VA Claims Adjudicator that did not participate in the original decision. The Veteran can also request a confidential meeting with the senior adjudicator in order to discuss their case.
In certain cases there are instances where the VA could have erroneously denied a disability claim or under-rated the severity of a condition (grant 30 percent for PTSD when they should have awarded 50 percent). In other cases, the Veteran may have new evidence that the original decision didn't take into account. Regardless of the case it is essential to find an experienced attorney assist the Veteran with the process.
The advocates at Berry Law Firm understand the ins and outs of the current VA appeals and claims procedures. They will ensure that your claim is in compliance with all VA submission requirements and that it is presented in a structured and clear way. They will also be able to take your case to the Board of Veterans' Appeals If necessary.
Legacy Reviews
The VA is currently working to reduce its backlog of disability claims. The appeals process can be long and could take an average of 125 working days to receive an answer. It is essential to employ an attorney who is knowledgeable in veterans disability law. They can help you navigate the process and ensure that your claim is compliant with all required standards.
A skilled disability lawyer can guide you through your options for seeking an appeal if you are unhappy with the initial decision that is made regarding your claim. There are three options for a decision review that you can choose from: the Supplemental Claims Lane or the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your case and decide on the best solution for your specific circumstances, thereby increasing the likelihood of a successful result.
Your veterans disability attorney will assist you with gathering the evidence necessary to prove your claim. This includes medical evidence, such as your medical documents and test results. Your lawyer will analyze the military credits to which you are entitled based on your employment and service record. This could affect your eligibility to receive the Social Security benefit or pension.
Medical Evidence
Veterans seeking disability benefits must present complete medical evidence. A lawyer can help you get all the relevant medical records in your private medical file, as well as those from the VA healthcare system. These records could include MRIs and CT scans, as along with treatment notes. In addition, the attorney can assist you in requesting service records and social security documents that are essential to your claim. The attorney can also request the VA to send you to a doctor to conduct an C&P examination which is required for the filing of a TDIU claim or PTSD claim.
It is essential to have enough medical evidence if the VA denies your claim for a disability rating. A knowledgeable attorney can provide the additional evidence you require to be able to get your claim approved and secure the ratings you deserve.
You can also use lay statements, such as letters from family or friends members, to help establish that your disability has significant effects on your daily life. He may also submit medical records from your doctor who can explain how they believe that your medical conditions are linked to your military service.
A reputable veteran's disability attorney can help you fight for your right to tax-free benefits. He can relieve you of the stress and strain associated with dealing with the VA which allows you to concentrate on your recovery. Additionally, he can stand up to the VA officials who treat you unfairly.