veterans disability law firms Disability Attorneys
The monthly compensation a veteran receives is based on their disability rating. The rating can increase or decreases by 10 percent increments. An experienced New York
veterans disability attorney can help ensure that your application and supporting documents are correct and error-free to improve your chances of getting the best possible rating.
A qualified veterans disability attorney can also assist in filing a higher-level appeal or review, as well as request a formal hearing and medical evidence, such as an IME or VE in the event of need. Initial consultations with us are always free of cost.
Appeal
If you're contesting a flat-out denial or a negative rating decision the New York veterans disability benefits lawyer will employ an extensive approach to ensure you have the best chance of winning your appeal. The VA appeals process is complex and there are brief deadlines for filing during various phases. Our attorneys understand the nuances and nuances of each process and will be on your side to provide one-on-one attention throughout your case.
If a veteran is not happy with the decision, he/she can seek a Supplemental Claim or Higher-Level Review of the decision. During this period, a senior reviewer examines every piece of evidence you have submitted for a decision and determines if there was an error. During this time, a veteran may request a private meeting.
If a veteran isn't satisfied with the outcome of the Higher-Level review, they may move on to the Board of Veterans Appeals. This is a more formal procedure where a hearing will be held before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision-review officer and judge to ensure all of your arguments and evidence are well-argued and presented in front of the board member.
Higher-Level Reviews
Veterans who are not satisfied with an initial decision about their claim have three options available since February 2019. This is because of the VA Appeals Modernization Act. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will analyze the best option for each Veteran's particular situation.
The Higher-Level Review appeal permits the Veteran to request a new review of their case with an experienced VA Claims Adjudicator who did participate in the original decision. The Veteran may also request a meeting with the senior adjudicator to discuss their case.
In certain cases, the VA may have incorrectly denied an appeal for disability or under-rated the severity of a condition (grant 30 percent for PTSD when they should have awarded 50 percent). Sometimes the Veteran may have new evidence that was not considered in the original decision. In any case it is crucial to hire an experienced attorney help the Veteran with the process.
The attorneys at Berry Law Firm understand the specifics of the current VA appeals and claims procedures. They will ensure that your claim meets all VA submission standards and that it is presented in a structured clear and concise way. If necessary, they'll escalate your claim to a Board of Veterans' Appeals.
Legacy Reviews
VA is trying to reduce the backlog of disability claimants. However,
Veterans Disability the appeals process is still a lengthy process, and it takes an average of 125 days for the decision following the filing of your claim. This is why it is crucial to work with a veterans disability attorney who can help you navigate the process and make sure that your application is in line with the proper standards.
If you're not satisfied with the initial decision taken on your claim, a seasoned disability lawyer can help you determine your options. There are three decision review options available which include the Supplemental Claim Lane or the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your experienced disability lawyer will assess your case and determine the best option for your circumstances to increase the chances of a favorable outcome.
In addition to making sure that your appeals meet the VA's submission standards, your veterans disability attorney can also assist you with gathering and present the evidence necessary for success in your appeal. This includes medical evidence, such as your medical records and test results. Your lawyer will also examine the military special credits you are entitled to based on your work and service history. This can impact your eligibility for benefits such as a Social Security benefit or pension.
Medical Evidence
Veterans who want disability benefits should have complete medical evidence. A lawyer can help you obtain all relevant medical records in your private medical file and also those from the VA healthcare system. These records may include MRIs and CT scans as along with treatment notes. The attorney can also help with requesting important documents like social security records and service records that pertain to your claim. He can also ask the VA to send you to a physician to conduct an C&P exam which is required for the filing of a TDIU claim or PTSD claim.
If the VA refuses to grant you a disability claim it is essential to have the right medical evidence to be able to appeal. An experienced attorney can provide the additional evidence you require to have your claim accepted and help you get the rating you deserve.
He can make use of lay statements, such as letters from family members and friends members, to demonstrate that your disabilities have significant effects on your daily activities. You can also provide medical records from your doctor who will explain why they believe your ailments are linked to your military service.
A good veteran's disability attorney can help you fight for your right to tax-free benefits. He can take the stress and strain of dealing with the VA off your shoulders, allowing you to focus on getting better. He can also stand up to VA officials who are unfairly treating you.