Veterans Disability Lawyers
If a veteran from New York has a problem with their VA disability rating, they might want to hire an attorney. While the law prohibits lawyers from charging for assistance with filing a first claim, they can charge for assistance in appeals for veterans.
An experienced VA disability lawyer will be familiar with all types of hearings in the
veterans disability lawsuits' appeals process. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings and Court of Appeals for Veterans Claims hearings.
Qualifications
A veterans disability lawyer is focused on representing clients with disabilities that result from military service. They review your medical records to determine your ability to receive benefits, such as an allowance per month for medical care and a tax-free amount. The amount of your benefit is determined by the disability rating. Other situations may qualify you for extra benefits. These benefits may include compensation for a specific disability or "aid-and-attendance" for your spouse if you are disabled and require help with everyday activities.
The VA is a massive bureaucracy and it can be difficult to navigate the process, especially when deciding what is a valid claim for injuries, how to appeal, or what you should include with your application. A disability lawyer who is certified by the VA can help make the process easier and more efficient. They can handle all communication with the VA and provide legal assistance through every step of your claim.
When selecting a New York
veterans disability lawyer choose a lawyer who is recognized by the VA and has been practicing veterans law for many years. You should also ensure that they have a good reputation within the local community and are in good standing with their New York bar association. If you're appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC), you'll need an attorney who is authorized to practice before this court.
Experience
Veterans have been injured or ill as a result of their military service, and may be eligible for tax-free disability benefits. However the process can be difficult and confusing, and it is important to consult an experienced New Jersey veterans disability lawyer who is familiar with the nuances of VA law. A competent lawyer can guide you through the process, assist you in compiling and collect all the necessary documents and ensure that they're completed on time.
A veteran disability lawyer can assist you understand the importance of your claim. The amount of benefits that you receive is determined by the severity of your condition or injury and the way it affects your daily life. You could be eligible for Special Monthly Comp (SMC), which is a higher amount of disability that is paid in certain situations. For instance in cases where your condition hinders your mobility or requires you to receive continuous assistance from others. You could also be eligible for TDIU. This is a higher-rate disability which is paid when you are unable work at a decent level because of a condition related to your service.
A skilled veterans disability lawyer can assist you in determining whether you may be eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can also help you identify the three options for review if the VA does not grant your claim, such as requesting an administrative or higher-level review of the decision or making an appeal to the Court of Appeals for Veterans Claims in Washington, DC.
Fees
Prior to 2007 veterans could only employ an attorney when they were not completely satisfied with the VA decision (either refusal or less than a 100% favorable rating decisions). Now, you can hire an experienced NYC veteran disability lawyer as soon as you receive an unfavorable rating decision.
A good lawyer for disability will be able explain your options, like a Board Appeal, Higher-Level Review or Supplemental Claim. Avoid lawyers who aren't experts in the field of veterans disability law or only take on the most limited cases.
VA regulations allow attorneys to earn up to 20% of the retroactive award or benefit that they obtain for you. This amount is usually directly to your attorney by the VA.
Your lawyer can assist you obtain records and documentation from the VA, your doctor, hospitals, or your employer. Your attorney will also likely recommend hiring an Medical Examiner and a Vocational Expert to help you with your case. These experts' fees are not included in the fees of your attorney however, you must be evaluating whether their services are worth it. Your lawyer shouldn't make you feel obligated to hire these experts unless an active vet with a limited income.
Appeals
A
veterans disability lawyer can help you appeal a decision of the Department of Veterans Affairs. There are three types of appeals: a Supplemental Claim, a Higher-Level Review or a Board Appeal. Your lawyer can help you choose which appeal to choose and assist you in gathering the evidence you must submit.
During the VA disability claims process, there are tight deadlines for filing at various stages and any small discrepancy can lead to being denied. A Morgan & Morgan veterans disability lawyer can take the burden off your shoulders by assisting you to get medical records, paperwork and then write a convincing case to be considered for approval.
The appeals process to contest a decision made by the VA is arduous and confusing. A veteran disability lawyer in New York can help you through the entire process which includes a formal hearing before a Veterans Law judge. This is the final phase of the appeals process and can result in an adjustment to your disability rating, which will determine the amount of disability compensation you'll 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 intensive appeals procedure and you have to wait one year from the date you received your Ratings Decision to request this option.