Veterans Disability Attorneys
A veteran's monthly monetary compensation is based on their disability rating, which increases or decreases in 10-percent increments. A knowledgeable New York veterans disability attorney can help ensure that your application and supporting documents are completed and error-free to increase your chances of receiving the most favorable rating.
A qualified
veterans disability lawsuits disability attorney can also assist in filing a higher-level appeal or review and request a formal hearing and medical evidence like an IME or VE in the event of need. Our initial consultations are always free of charge.
Appeal
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 extensive approach to ensure you have the best chance of winning your case. The VA appeals process is complex and there are numerous deadlines for appeals at various stages. Our attorneys understand the ins and outs of each process and will be on your side to give you one-on-one focus during your appeal.
In the event that an individual veteran is not satisfied with a decision, he or may decide to take a Supplemental Claim, or Higher-Level Review of the decision. In this instance a senior reviewer will examine all of the evidence that you initially submitted to an answer and will determine whether they believe there was an error in your decision. A veteran can request a hearing on their behalf during this time.
If a veteran is unable to be satisfied with the results of a Higher-Level Review he or she can appeal to the Board of Veterans Appeals. This is a formal process that includes hearings before the Board of Veterans Appeals. During this time the New York veteran disability benefits attorney will work with the decision review officer as well as a judge to ensure all of your evidence is presented and presented in a manner that is appropriate in front of the board member.
Higher-Level Reviews
Since February 2019 - thanks to the VA Appeals Modernization Act - Veterans now have three pathways when they do not agree with the original decision on their claim. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will determine the best option for each Veteran's particular situation.
Using the Higher-Level Review appeal, the Veteran to request a new look at their case by a seasoned VA Claims Adjudicator who didn't participate in the original decision. The Veteran may also request a confidential discussion with the adjudicator who is the senior to discuss their case.
In certain cases, VA may have incorrectly denied an application for disability or under-rated a medical condition (granted 30 percent when they should have awarded 50 percent). Sometimes it is possible that the Veteran might have new evidence that the initial decision didn't consider. In any case, it is important to have an experienced attorney assist the Veteran with the process.
The attorneys at Berry Law Firm understand the specifics of the current VA appeals and claims procedures. They will make sure that your claim is in line with the standards for submission required by the VA and that your case is presented in a clear and comprehensive way. They will also be ready to escalate your claim to the Board of Veterans' Appeals in the event of a need.
Legacy Reviews
VA is working to reduce the backlog of disability claimants. However the appeals procedure is still a long one and takes an average of 125 days for a decision after filing your claim. This is why it's crucial to work with a
veterans disability attorney who can guide you through the system and ensure that your application meets the appropriate standards.
A skilled disability lawyer can provide you with options for seeking a decision review if you are unhappy with the initial decision made regarding your claim. There are three decision review options available: the Supplemental Claim Lane and the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will analyze your case and choose the best solution for your situation to increase your chances of a positive result.
In addition to ensuring that your appeals meet the VA's submission standards, your veterans disability attorney will also help you gather and present the evidence needed to be successful in your appeal. This includes medical evidence like your medical documents and test results. Your lawyer will also look into the special military credits you are entitled to based on your work and service history. This could affect your eligibility for pension or Social Security benefits.
Medical Evidence
Veterans who are seeking disability benefits must provide thorough medical evidence. An attorney can assist in getting you all the relevant medical records, including those of the VA healthcare system. These records could include MRIs and CT scans, as well as treatment notes. Attorneys can also help you request important documents like social security records and service records that are relevant to your claim. The attorney can also request the VA to take you to a doctor for a C&P exam which is a requirement for the filing of a TDIU claim or PTSD claim.
It is vital to have a sufficient medical proof if the VA denies your claim for a disability rating. An experienced attorney can provide the additional evidence that you require to get your claims approved and secure the ratings you deserve.
He can use lay statements, like letters from family or friends members, to prove that your disabilities have an impact on your daily life. He can also submit statements from your doctor, who can provide reasons the reasons why they believe your ailments are related to your military service.
A reputable attorney for veterans' disability can help you fight for your right to 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. He can also speak up to VA officials who are unfairly treating you.