Veterans Disability AttorneysThe monthly amount received by veterans is based on his or her disability rating. The rating can increase or decreases by 10 percent increments. A New York
veterans disability lawyer will ensure that all paperwork and applications are error-free and complete, which will increase your chances of obtaining the highest possible rating.
A veteran's disability lawyer can also assist with filing a higher-level review or appeal and also seeking a formal hearing and medical evidence like a VE or IME should it be required. Initial consultations with us are always free of charge.
Appeals
If you're contesting a flat-out denial or a rating decision that is unfavorable the New York veterans disability benefits lawyer will take an approach that is comprehensive to ensure you have the best chance of winning your case. The VA appeals procedure is complex and there are strict filing deadlines throughout the various stages. Our lawyers are familiar with the ins and outs of each stage and will be by your side to provide one-on-one attention during your case.
If a veteran disagrees with a decision taken by the judge, they can submit an additional claim. In this instance the senior reviewer will examine all the evidence you originally submitted for a decision and will see whether they believe there was an error in your decision. A veteran can also request a private hearing during this period.
If a veteran is not satisfied with the results of the Higher-Level Reviews, he or she can 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 collaborate with a decision review officer and a judge to ensure that all arguments and evidence are properly effectively presented and argued front of the board member.
Higher-Level Reviews
Veterans who disagree with an initial decision on their claim have three options from February 2019. This is because of the VA Appeals Modernization Act. A Veteran can opt to go for a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is best for the particular Veteran's needs.
The Higher-Level Review appeal, the Veteran to request a fresh review of their case by a seasoned VA Claims Adjudicator who did not participate in the original decision. The Veteran may also request a confidential meeting with the adjudicator's senior judge to discuss their case.
In certain instances in some cases, the VA could have erroneously denied the claim of a disability or under-rated a condition (grant 30 percent of PTSD when they should have awarded 50 percent). Sometimes, the Veteran might have evidence that was not taken into account in the original decision. In any case it is crucial to have an experienced attorney guide the Veteran navigate the process.
Berry Law Firm's lawyers are familiar with the VA's current appeals and claims procedure. They will ensure that your claim meets all VA submission standards and that it is presented in a well-organized and clear way. If necessary, they'll escalate your claim to an appeals Board of Veterans' Appeals.
Legacy Reviews
VA is trying to reduce the backlog of disability claimants. However the appeals process is still a lengthy process and takes an average of 125 days to get a decision following the submission of your claim. This is why it is so important to hire an attorney for veterans who can guide you through the process and make sure that your application is in line with the proper standards.
If you're not happy with the initial decision taken on your claim, a skilled disability lawyer can help determine your options. There are three options for an appeals process one of which is 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 evaluate your case and decide on the most appropriate option for your circumstances to increase the likelihood of a successful result.
In addition to ensuring that your appeals meet the VA's submission requirements Your veterans disability attorney will also assist you in gathering and present the evidence necessary for success in your claim. This includes medical evidence like your medical documents and test results. Your lawyer will also consider the military special credits you are entitled to depending on your work and service history. This can impact your eligibility to receive benefits such as a Social Security benefit or pension.
Medical Evidence
A thorough medical record is essential for veterans who seek disability benefits. A lawyer can assist 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 along with treatment notes. Additionally, an attorney can help you request service records and social security documents that are essential to your claim. The attorney can also request the VA to send you to a doctor in order to undergo an C&P exam as a condition for the filing of a TDIU claim or PTSD claim.
If the VA denies your disability rating, it is important to have the right medical evidence to appeal. An experienced attorney will be able to provide you with the additional evidence needed to have your claim approved and get the benefit you deserve.
He can make use of statements from non-professionals, like letters written by family members and friends, to establish that your disabilities have a significant impact on you. He can also submit statements from your medical professionals, who will explain the reasons why they believe your ailments are due to your military service.
A reputable veterans disability lawyer can help fight to recover tax-free disability benefits. He can take the stress and burden of dealing with the VA off your shoulders and let you concentrate on improving your condition. He can also speak up to VA officials who treat you unfairly.