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If a veteran in New York has a problem with their VA disability rating, they may wish to engage an attorney. The law currently prohibits lawyers from charging fees for the initial claim however, they are able to charge for help with appeals.
A seasoned VA disability lawyer will have experience with the various types of hearings involved in the appeals process for veterans. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings as well as Court of Appeals for Veterans Claims hearings.
Qualifications
A veteran's disability attorney concentrates on representing clients who suffer from disabilities as a result of military service. They look over your medical records to assess your ability to receive benefits, such as an allowance per month for medical care and compensation that is tax-free. The amount of the benefit is determined by your disability rating, and there are additional circumstances that may qualify you for additional benefits. These benefits may include additional compensation for a specific disability or "aid and attendance" for your spouse in the event of disabled veterans who require assistance with their daily activities.
The VA is a huge bureaucracy. It can be confusing to navigate through the process, particularly when deciding what injuries to claim, how to appeal, or what you should include with your application. Having a VA-certified disability attorney to assist you in the process can make it easier and more efficient. They will handle all communications with the VA and offer legal advice throughout the entire process of your claim.
When selecting a New York veterans disability lawyer choose a lawyer who is recognized by the VA and has been practicing law for veterans for quite a long time. Also, ensure that they have a great local reputation and are a member of their New York bar associations. If you want to appeal a VA disability denial decision or low rating decision before the Court of Appeals for Veterans Claims You will require an attorney who is admitted to practice in that court.
Experience
Veterans who have suffered injury or illness due to their military service, and may be qualified for tax-free disability benefits. However the process is complicated and overwhelming, so it is crucial to work with an experienced New Jersey veterans disability lawyer who knows the intricacies of VA law. A skilled attorney will help you navigate the process, compile and gather all required documents and ensure that they're submitted on schedule.
A knowledgeable veteran disability attorney will also assist you in understanding the potential benefits of your case. The amount of benefits you will receive depends on the severity of your injury or illness and how it impacts your daily routine. Based on your situation, you may be eligible for Special Monthly Payment (SMC) which is a higher rate of disability payable in certain instances for instance, when your condition affects your mobility or requires continuous assistance from others. You could also be eligible for TDIU which is a higher rate of disability that is paid when you are unable to work at a level that is reasonable because of your condition.
A knowledgeable veterans disability lawyer will also provide you with information on whether you're eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can assist you determine three different options to review in the event that your VA claim is denied. These include seeking a higher-level decision or filing an appeal at the Court of Appeals for Veterans Claims, Washington, DC.
Fees
Prior to 2007 veterans could only engage an attorney when they were not completely satisfied with an VA decision (either denial or a less completely favorable rating decision). You can now hire an experienced NYC veteran lawyer for disability when you receive a negative rating decision.
A good disability lawyer will be able to explain your options, including a Board Appeal or Higher-Level Review or Supplemental Claim. You should stay clear of lawyers who don't limit their services to veterans disability law or only accept just a handful of cases at one time.
VA regulations permit attorneys to charge up to 20 percent of the retroactive benefit or award that they win for you. Generally the amount will be directly to the attorney by the VA. You and your attorney should negotiate the fee arrangement prior to you sign any contract.
Your lawyer can help you obtain records and documentation from the VA and your doctor hospitals, or even your employer. Your lawyer will also recommend hiring a Medical Examiner and a Vocational Expert to assist you in your case. The fees of these experts are not included in the attorney's fees but you should take a look at whether their services are worth the cost. Your lawyer shouldn't make you feel like you have to pay for these experts unless you're a vet on a low income.
Appeals
A lawyer for veterans can assist you in appealing the decision of the Department of Veterans Affairs. There are three kinds of appeals: a Supplemental Claim, a Higher-Level Review, or a Board Appeal. Your lawyer can guide you on which one to choose and work with you to gather the necessary evidence to submit.
In the VA disability claims process, there are tight filing deadlines at various stages, and any slight discrepancy could result in being denied. A Morgan & Morgan veterans disability lawyer can take the burden off your shoulders by assisting you to gather medical records, documents and a persuasive case to get your claim approved.
The VA's appeal process is lengthy and complicated. A veteran disability lawyer in New York can help you through the entire process including an official hearing before an Veterans Law judge. This is the final step in the appeals process. It can result in an adjustment to your disability rating which will determine the amount of disability compensation you will receive.
If you are still not satisfied with the outcome of your claim after hearing, you are able to submit an appeal to the Board of Veterans Appeals in Washington, D.C. This is a more extensive appeals process, and you'll need to wait a year from the date of your Ratings Decision to request this option.