veterans disability law firms Disability Attorneys
The monthly compensation an individual veteran receives is contingent on his or her disability rating. The rating can increase or decreases by 10 percent increments. An experienced New York veterans disability attorney can ensure that your application and supporting documents are correct and error-free to maximize your chances of getting the highest possible rating.
A qualified veterans disability attorney can also assist in filing a higher-level review or appeal, as well as request an official hearing and medical evidence, such as an IME or VE in the event of need. Our initial case consultations are always free of cost.
Appeal
Your New York veterans disability lawyer will take an integrated approach to your appeals, whether you are contesting a denial, or a rating decision that is not in your favor. This will give you the most chance of winning your appeal. The VA appeals process is complicated and there are a variety of deadlines for appeals at various stages. Our attorneys understand the ins and outs of each process and will be on your side to provide individual attention throughout your case.
If a veteran is dissatisfied with the decision by the judge, they could decide to file an additional claim. During this period, a senior reviewer examines all the evidence submitted for a decision, and decides if there was an error. Veterans may also request a private hearing during this period.
If a veteran isn't satisfied with the outcome of the Higher-Level Review, the veteran can go on to the Board of Veterans Appeals. This is a formal process that involves hearings before the Board of Veterans Appeals. During this time, your New York veteran disability benefits attorney will collaborate with the decision review officer and judge to ensure all of your evidence is properly presented and presented in a manner that is appropriate before a member of the board.
Higher-Level Reviews
Since February 2019, due to the VA Appeals Modernization Act - Veterans now have three options in the event that they disagree with the initial decision on their claim. A Veteran could choose to go for a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will determine the best option for each Veteran's specific situation.
The Veteran can request a higher-level review by a VA Claims adjudicator that was not involved in the decision making process. The Veteran can also request an informal conference with the senior adjudicator to discuss their case.
In some cases, VA may have incorrectly denied the claim of disability or under-rated a medical issue (granted 30 percent when they should have awarded 50 percent). In other cases the Veteran may have evidence that the original decision didn't take into account. It is imperative that the Veteran has a knowledgeable lawyer to guide them through the procedure.
Berry Law Firm's attorneys are well-versed in the VA's current claims and appeals procedure. They will ensure that your claim meets the standards for submission required by the VA and that your case is presented in a clear and comprehensive manner. They will also be prepared to escalate your claim 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 very long and could take an average of 125 working days to receive a final decision. This is why it's essential to employ a veterans disability attorney who can guide you through the process and ensure that your claim is in line with the right standards.
If you're not satisfied with the initial decision taken on your claim, a knowledgeable disability lawyer can help identify your options. There are three options for a decision review: the Supplemental Claims Lane and the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your veteran disability attorney will assess your case to determine which is the best choice for your individual situation and increase the likelihood of a successful outcome.
In addition to making sure that your appeals meet the VA's submission criteria, your
veterans disability attorney can also assist you with gathering and present the evidence necessary to be successful in your appeal. This includes medical evidence such as your medical documents, test results, and expert testimony. Your lawyer will look into the military credits to which you are eligible 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 seeking disability benefits must provide thorough medical evidence. A lawyer can assist you gather all the relevant private medical records as well as those from the VA healthcare system. These could include MRIs, CT scans, and treatment notes. Attorneys can also help 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 doctor for an C&P test which is required for the filing of a TDIU or PTSD claim.
It is crucial to have the right medical evidence if the VA denies your claim for a disability rating. An experienced lawyer can present the additional evidence that you need to get your claims approved and obtain the rating you deserve.
He can make use of statements from people who are not in the military, for example letters written by friends and family, to establish that your physical disabilities are having a significant impact on you. He can also submit medical documents from your physicians who can elaborate on how they believe that your conditions are connected to your military service.
A good veteran disability lawyer can help you fight for the right to receive tax-free disability benefits. He will relieve you of the stress and strain associated when dealing with the VA, allowing to focus on your recovery. In addition, he can stand up to the VA officials who treat you unfairly.