Veterans Disability AttorneysThe monthly amount an individual veteran receives is contingent on his or her disability rating. This rating increases or decreases by 10 percent increments. A knowledgeable New York veterans disability attorney can help ensure that your application and supporting documents are accurate and error-free to increase your chances of getting the highest possible rating.
A lawyer for veterans can also assist with filing a more thorough appeal or review as well as the need for a formal hearing and medical evidence such as a VE or IME when needed. Our initial consultations are always free of cost.
Appeal
If you're appealing a flat-out denial or an unfavorable rating decision, your New York
veterans disability lawsuits disability benefits lawyer will take an entire approach to make sure you have the best chance at winning your case. The VA appeals process is complex and has many short deadlines at various stages. Our attorneys understand the ins and outs of each step and will be by your side to provide one-on-one attention throughout your case.
If a veteran disagrees with the decision the veteran could file an additional claim. During this time an experienced reviewer reviews the evidence you provided for a decision to determine whether there was an error. During this time, veterans may request a private meeting.
If a veteran isn't satisfied with the results of the Higher-Level Reviews, he or she can move to the Board of Veterans Appeals. This is a formal process that includes 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 options in the event that they disagree with the original decision on their claim. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will determine which option is most appropriate for each Veteran's unique situation.
The Higher-Level Review appeal allows the Veteran to request a new look at their case with an experienced VA Claims Adjudicator who did participate in the original decision. The Veteran can also request an informal conference with the senior adjudicator to discuss their case.
In certain cases, VA may have incorrectly denied a claim for disability or under-rated a medical condition (granted 30 percent instead of 50 percent). Sometimes the Veteran may have new evidence that the original decision did not take into account. It is crucial that the Veteran has a seasoned lawyer to guide them through the procedure.
Berry Law Firm's attorneys are well-versed in the VA's current claims and appeals process. They will ensure that your claim meets all VA submission standards and that it is presented in an organized and clear way. They will also be able to escalate your claim to the Board of Veterans' Appeals If necessary.
Legacy Reviews
The VA is currently trying to reduce the backlog of disability claims. However, the appeals process is nonetheless a lengthy one and takes an average of 125 days to get the decision following the filing of your claim. It is essential to employ an attorney who is experienced in veterans disability law. They can guide you through the process and ensure that your claim is compliant with all required standards.
If you are not satisfied with the initial decision taken on your claim, a seasoned disability lawyer can assist you to decide on your options. There are three options for an appeals process: the Supplemental Claims Lane as well as the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your case to determine which is the most appropriate depending on your personal circumstances and increase the chances of a positive outcome.
Your attorney for veterans disability can assist you in gathering the evidence required to support your claim. This includes medical evidence, like your medical records and test results. Your lawyer will look into the military credits to which you are entitled based upon your work and service history. This could affect your eligibility for pension or Social Security benefits.
Medical Evidence
The need for thorough medical evidence is crucial to veterans who are seeking disability benefits. An attorney can assist in getting you all the relevant medical records, including those of the VA healthcare system. These records may include MRIs and CT scans as well as treatment notes. The attorney can also assist you in requesting service records and social security files that are vital to your claim. The attorney can also request the VA to send you to a doctor to conduct a C&P exam, which is a prerequisite for an TDIU claim or PTSD claim.
It is vital to have sufficient medical evidence in case the VA denies your claim for a disability rating. An experienced attorney will be able to provide you with the additional evidence you require to get your claim accepted and receive the benefit you deserve.
He can use the statements of lay people, such as letters written by family and friends to prove that your disabilities have an impact on you in a significant way. He can also present statements from your doctors who can explain the reasons why they believe your ailments are due to your military service.
A reputable veteran's disability lawyer can assist you in fighting for tax-free benefits. He can ease the stress and strain of dealing with the VA off your shoulders and allow you to concentrate on improving your condition. He can also stand up to VA officials who are treating you unfairly.