veterans disability attorney Disability Attorneys
The amount of compensation a veteran receives is based on his or her disability rating. This rating increases or decreases by 10% increments. A New York
veterans disability lawyer can make sure that all documents and your application are sane and complete to improve your chances of obtaining the most favorable rating.
A qualified veterans disability lawyer can assist with filing a higher-level appeal or review and request a formal hearing and medical evidence, such as an IME or VE or IME, if needed. The initial consultations with us are always complimentary.
Appeal
Your New York veterans disability lawyer will apply a comprehensive approach to your appeal, whether you are contesting a denial, or a rating decision that is not favorable. This will give you the best chance of winning your case. The VA appeals process can be complex and there are brief filing deadlines during many stages. Our lawyers will provide you with one-on-one assistance throughout the process. They know the ins-and-outs of every step.
In the event that a veteran does not agree with an outcome, he or may decide to pursue a Supplemental Claim or Higher-Level Review of the decision. During this period an experienced reviewer reviews all the evidence you submitted for a decision in order to determine if there was an error. During this time, a veteran may ask for a personal meeting.
If a veteran doesn't accept the findings of a Higher-Level Review he or she may appeal to the Board of Veterans Appeals. This is a formal procedure that requires an appearance before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision-review officer and judge to ensure that all evidence and arguments are correctly presented and argued in front of the board member.
Higher-Level Reviews
Since February 2019 - due to the VA Appeals Modernization Act - Veterans now have three pathways when they do not agree with the original decision made on their claim. Veterans have the option of a Higher Level Review or a Board Appeal. Berry Law Firm will determine which option is most appropriate for each Veteran's situation.
Using the Higher-Level Review appeal permits the Veteran to request a new look at their case by an experienced VA Claims Adjudicator who didn't take part in the initial decision. The Veteran may also request a confidential meeting with the adjudicator's senior judge in order to discuss their case.
In certain instances, the VA might have wrongly denied an appeal for disability or under-rated a condition (grant 30 percent of PTSD when they should have given 50 percent). In other cases the Veteran may have new evidence that the initial decision didn't take into consideration. Whatever the reason, it is important to consult with an experienced attorney help the Veteran navigate the process.
Berry Law Firm's lawyers are knowledgeable about the VA's current appeals and claims process. They will ensure that your claim is in line with the requirements for submission by the VA and that your case is presented in a clear, thorough way. If needed, 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 still a long one, and it takes an average of 125 calendar days to receive a decision after filing your claim. It is important to hire an attorney who is experienced in the field of
veterans disability lawyers disability law. They can guide you through the process and ensure that your claim is compliant with all essential standards.
A skilled disability lawyer can provide you with options for requesting a decision review if you are unhappy with the initial decision made regarding your claim. There are three options to seek an appeals process which are the Supplemental Claims Lane and the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will review your case and decide on the best solution for your situation to increase the chances of a favorable result.
In addition to ensuring your appeals are in line with the VA's submission guidelines Your attorney for veterans disability can also assist you with gathering and present the evidence needed to support your appeal. This includes medical evidence, such as your medical documents, test results, and expert testimony. Your lawyer will also consider the military special credits you are entitled to based on your work and service history. This could affect your eligibility to receive benefits such as a Social Security benefit or pension.
Medical Evidence
Thorough medical evidence is critical for veterans who seek disability benefits. An attorney can help you gather all the relevant medical records that are private, as well as those from the VA healthcare system. These records could include MRIs and CT scans as well as treatment notes. Attorneys can also assist you request important documents, such as social security records and service records that relate to your claim. He can also request that the VA send you to a doctor to conduct an C&P examination that is a requirement for an TDIU or PTSD claim.
It is important that you have the right medical evidence if the VA denies your claim for an impairment rating. An experienced attorney can provide the additional evidence that you require to be able to get your claim approved and get you the ratings you deserve.
He can make use of statements from people who are not in the military, for example letters from family members and friends to prove that your physical disabilities are having an impact on your life. You can also provide medical reports from your doctors who will explain why they believe that your medical conditions are linked to your military service.
A good veterans disability lawyer can help you fight to get tax-free disability benefits. He will relieve you of the stress and anxiety that comes having to deal with the VA and allow you to concentrate on your recovery. In addition, he can confront the VA officials who treat you unfairly.