Veterans Disability AttorneysThe monthly compensation the veteran receives is based on his or her disability rating. The rating increases or decreases by 10 percent increments. A knowledgeable New York veterans disability attorney will ensure that your application and all supporting documents are correct and error-free to improve your chances of getting the best possible rating.
A veterans disability lawyer can assist in filing a higher level review or appeal and also the need for a formal hearing as well as medical evidence, such as a VE or IME in the event of need. Our initial consultations are always complimentary.
Appeals
If you're appealing a flat-out rejection or a negative rating decision, your New York veterans disability benefits lawyer will follow an approach that is comprehensive to ensure you have the best chance at winning your case. The VA appeals process is complex and there are a variety of short deadlines at various stages. Our lawyers can provide you with one-on-1 assistance throughout your appeal. They are familiar with the ins and outs of each step.
In the event that an individual veteran is not satisfied with the decision, he or may decide to pursue a Supplemental Claim or Higher-Level Review of the decision. During this time the senior reviewer will look over all the evidence submitted for a decision and determines whether there was a mistake. Veteran may request a hearing on their behalf during this time.
If a veteran does not 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 process in which a hearing is held before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a review officer and a judge to ensure that all your arguments and evidence are effectively presented and argued front of the board member.
Higher-Level Reviews
Since February 2019 - thanks to the VA Appeals Modernization Act - Veterans now have three options when they do not agree with the original decision made on their claim. A Veteran may choose 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 Veteran can request a higher-level review by an VA Claims adjudicator who wasn't involved in the initial decision. The Veteran may also request a meeting with the adjudicator who is the senior judge to discuss their case.
In some instances in some cases, the VA could have erroneously denied an appeal for disability or under-rated a condition (grant 30 percent of PTSD when they should have given 50 percent). Sometimes the Veteran may have new evidence that was not taken into account in the initial decision. Regardless of the case it is important to have an experienced attorney guide the Veteran through the process.
The lawyers at Berry Law Firm understand the aspects and nuances of the current VA appeals and claims procedures. They will make sure that your claim meets the requirements for submission by the VA and that your claim is presented in a clear and complete way. If necessary, they will escalate your claim to a Board of Veterans' Appeals.
Legacy Reviews
The VA is currently working to reduce its backlog of disability claims. However, the appeals process is nonetheless a lengthy one and takes an average of 125 days to get an answer after submitting your claim. This is why it's so important to hire a veteran disability lawyer who can assist you with the system and ensure that your claim is in line with the right standards.
If you aren't satisfied with the initial decision made on your claim, a skilled disability lawyer can assist you to determine your options. There are three decision review options available that you can choose from: 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 situation to determine which is the best fit for your individual circumstances and will increase the chance of a favorable outcome.
In addition to ensuring that your appeals are in line with the VA's submission guidelines Your veteran disability attorney will also assist you to gather and present the evidence needed for success in your claim. This includes medical evidence such as your medical documents and test results. Your lawyer will also review the military special credits you are entitled to according to your service and work history. This could affect your eligibility for pension or Social Security benefits.
Medical Evidence
Medical evidence that is thorough is essential for
veterans disability lawsuit seeking disability benefits. An attorney can help you obtain all relevant private medical records in addition to those from the VA healthcare system. These could include MRIs, CT scans, and treatment notes. Attorneys can also assist with requesting important documents such as social security records and service documents that are relevant to your claim. He can also request that the VA send you to a doctor to conduct a C&P test which is required for an TDIU or PTSD claim.
If the VA denies your disability rating It is crucial to have enough medical evidence to support your appeal. An experienced attorney can provide the additional evidence that you require to have your claim accepted and help you get the rating you deserve.
He can use statements from people who are not in the military, for example letters written by friends and family, to establish that your disabilities are having an impact on you in a significant way. He could also submit 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 help you fight for tax-free benefits. He can relieve you of the stress and anxiety associated when dealing with the VA so that you can focus on your recovery. Additionally, he can stand up to the VA officials who are treating you unfairly.