Veterans Disability Attorneys
The monthly monetary allowance for veterans is based on their disability rating, which grows or decreases in 10-percent increments. An experienced New York veterans disability attorney will help ensure that your application and all supporting documents are correct and error-free to increase your chances of getting the highest possible rating.
A qualified veterans disability attorney can also assist in filing a higher-level review or appeal and can also request a formal hearing and medical evidence like an IME or VE or IME, if needed. Initial consultations are complimentary.
Appeal
Your New York veterans disability lawyer will take an integrated approach to your appeal, whether you are appealing a denial or rating decision that is not favorable. This will give you the best chance of winning your appeal. The VA appeals process can be complex and there are strict filing deadlines throughout the various stages. Our attorneys will provide one-on-one assistance throughout your case. They know the ins-and-outs of each step.
In the event that an experienced veteran isn't happy with the decision, he or she may choose to make a Supplemental Claim or Higher-Level Review of the decision. During this time an experienced reviewer will scrutinize all the evidence you submitted originally for an opinion and determine if they believe there was an error in your decision. During this time, a veteran can request a personal meeting.
If a veteran does be satisfied with the results of a Higher-Level Review, he or she can appeal to the Board of Veterans Appeals. This is a more formal procedure where a hearing occurs before the Board of Veterans Appeals. During this time your New York veteran disability benefits attorney will collaborate with the decision reviewer and a judge to ensure all of your evidence is presented and properly argued before a member of the board.
Higher-Level Reviews
Since February 2019, thanks to the VA Appeals Modernization Act - Veterans now have three pathways when 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 situation.
The Higher-Level Review appeal, the Veteran to request a new review of their case by a seasoned VA Claims Adjudicator who did not take part in the initial decision. The Veteran can also request a confidential discussion with the senior adjudicator in order to discuss their case.
In some instances there are instances where the VA could have erroneously denied the claim of a disability or under-rated the severity of a condition (grant 30 percent for PTSD when they should have given 50 percent). Sometimes, the Veteran might have evidence that the original decision didn't take into consideration. It is essential that the Veteran has a knowledgeable attorney to guide them through this process.
The attorneys at Berry Law Firm understand the ins and outs of the current VA appeals and claims processes. They will ensure that your claim meets all VA submission requirements and that it is presented in a well-organized and concise way. They will also be able to escalate your claim to the Board of Veterans' Appeals If necessary.
Legacy Reviews
VA is trying to reduce the backlog of disability claimants. However the appeals process still lengthy and takes an average of 125 calendar days to receive the decision following the filing of your claim. This is why it is essential to employ a
veterans disability attorney who can assist you with the process and make sure that your application meets the required standards.
If you are not satisfied with the initial decision taken on your claim, a competent disability lawyer can help identify your options. There are three options to seek an appeals process that you can choose from: 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 analyze your case and choose the best option for your situation to increase the chances of a favorable result.
In addition to ensuring that your appeals meet the VA's submission guidelines, your
veterans disability law firms disability attorney will also help you gather and present the evidence you need for success in your appeal. This includes medical evidence, such as your medical records and test results. Your lawyer will also consider the military special credits you are entitled to according to your work and service history. This could affect your eligibility for pension or Social Security benefits.
Medical Evidence
Veterans seeking disability benefits must have thorough medical evidence. A lawyer can help you get all the relevant medical records in your private medical file as well as those from the VA healthcare system. This could include MRIs, CT scans, and treatment notes. Attorneys can also help to request important documents like social security records and service records that are relevant to your claim. He can also request that the VA send you to a doctor to conduct a C&P examination that is a requirement for an TDIU or PTSD claim.
If the VA refuses to grant you a disability claim, it is important to have enough medical evidence to make an appeal. An experienced lawyer will be able to provide you with the additional evidence needed to get your claim accepted and get the benefit you deserve.
He can make use of lay-based statements, such as letters from family or friends members, to prove that your disability has an impact on your daily life. He could also submit statements from your medical professionals, who can elaborate on why they believe your conditions are related to your military service.
A reputable veteran's disability attorney can help you fight for tax-free benefits. He will relieve you of the stress and strain associated having to deal with the VA so that you can focus on your recovery. Additionally, he can protest against the VA officials who are treating you unfairly.