Veterans Disability AttorneysA veteran's monthly monetary compensation is based on their disability rating, which grows or decreases in 10-percent increments. An experienced New York veterans disability attorney will help ensure that your application and all supporting documents are correct and error-free to maximize your chances of getting the best possible rating.
A qualified veterans disability attorney can also assist with filing a higher-level appeal or review and can also request a formal hearing and medical evidence, such as an IME or VE in the event of need. Initial consultations are free.
Appeals
Whether you are appealing a flat-out rejection or an unfavorable rating decision the New York veterans disability benefits lawyer will take an entire approach to make sure you have the best chance at winning your case. The VA appeals process is complicated, and there are many short deadlines at various stages. Our attorneys understand the ins and outs of each step and will be by your side, giving you personal attention during your case.
If an experienced veteran isn't happy with a decision, he or may decide to seek a Supplemental Claim or Higher-Level Review of the decision. During this period a senior reviewer looks over every piece of evidence you have submitted for a decision in order to determine whether there was a mistake. Veterans can also request a private hearing during this time.
If a veteran is not satisfied with the results of the Higher-Level Review the veteran can go on to the Board of Veterans Appeals. This is a formal procedure which involves hearings before the Board of Veterans Appeals. During this period the New York veteran disability benefits attorney will collaborate with the decision reviewer and a judge to ensure that all of your evidence is properly presented and presented in a manner that is appropriate in front of a member of the board.
Higher-Level Reviews
Since February 2019 - thanks to the VA Appeals Modernization Act - Veterans now have three pathways when they do not agree with the initial decision on their claim. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will analyze which option is most appropriate for the particular Veteran's needs.
Using the Higher-Level Review appeal allows the Veteran to request a fresh review of their case by a knowledgeable VA Claims Adjudicator who did not participate in the original decision. The Veteran can also request a meeting with the adjudicator who is the senior judge to discuss their case.
In some cases, VA may have incorrectly denied an claim for disability, or under-rated a medical condition (granted 30 percent instead of 50 percent). Sometimes, the Veteran might have evidence which was not taken into account in the initial decision. It is essential that Veterans have an experienced attorney to guide them through the process.
The advocates at Berry Law Firm understand the aspects and nuances of the current VA appeals and claims processes. They will ensure that your claim meets the requirements for submission by the VA and that your claim is presented in a clear and complete manner. If necessary, they'll escalate your claim to an appeals Board of Veterans' Appeals.
Legacy Reviews
The VA is currently trying to reduce the backlog of disability claims. However the appeals process nonetheless a lengthy one and takes an average of 125 calendar days to receive the decision following the filing of your claim. This is why it is vital to engage a veterans disability attorney who can help you navigate the system and ensure that your claim is in line with the right standards.
If you're not happy with the initial decision made on your claim, a competent disability lawyer can assist you to decide on your options. There are three options to seek an appeals process which are the Supplemental Claims Lane or the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your veteran disability attorney will assess your situation to determine which is the best choice depending on your personal circumstances and improve the odds of a successful outcome.
In addition to making sure that your appeals meet the VA's submission requirements, your
veterans disability attorney will also assist you to gather and present the evidence required to be successful in your appeal. This includes medical evidence, such as your medical documents and test results. Your lawyer will also look into the special military credits you are entitled to based on your service and work history. This can affect your eligibility for a pension or Social Security benefits.
Medical Evidence
Medical evidence that is thorough is essential for veterans who seek disability benefits. A lawyer can help you get all the relevant medical records that are private, as well as those from the VA healthcare system. This could include MRIs, CT scans, and treatment notes. Attorneys can also assist to request important documents like social security records and service records that pertain to your claim. He can also request that the VA send you to a physician for an C&P test, which is a requirement for an TDIU or PTSD claim.
It is vital to have sufficient medical evidence in case the VA denies your claim for a disability rating. An experienced attorney will be able to provide you with the additional evidence you need to have your claim approved and get the credit you deserve.
He can use lay statements, such as letters from friends and family members,
veterans disability attorney to prove that your disability has an impact on your daily routine. He can also present statements from your medical professionals, who can provide reasons why they believe that your disabilities are a result of your military service.
A good veteran's disability attorney can help you fight for tax-free benefits. He can relieve you of the stress and anxiety that comes when dealing with the VA which allows you to concentrate on your recovery. Additionally, he is able to confront the VA officials who are treating you unfairly.