Veterans Disability Attorneys
The monthly amount a veteran receives is based on his or her disability rating. The rating is increased or decreases by 10% increments. An experienced New York
veterans disability attorney will ensure that your application and all supporting documents are completed and error-free to improve your chances of getting the best possible rating.
A qualified veterans disability attorney can also assist with filing a more complex appeal or review as well as requesting an official hearing and medical evidence such as an IME or VE, as needed. Our initial consultations are always free.
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 in your favor. This will give you the best chance of winning your case. The VA appeals process is complicated and there are numerous small deadlines at different stages. Our lawyers know the ins and outs of each step and will be by your side to give you one-on-one attention throughout your case.
If a veteran is dissatisfied with a decision made then he or she could decide to file an additional claim. In this instance, a senior reviewer will examine all the evidence you initially submitted to a decision and will see if they believe there was a mistake in your decision. During this time, a veteran may ask for a personal meeting.
If a veteran isn't satisfied with the outcome of the Higher-Level Review he or she can move to the Board of Veterans Appeals. This is a more formal procedure 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 judge to ensure that all your evidence and arguments are well-argued and presented in front of the board member.
Higher-Level Reviews
Veterans who are not satisfied with their initial decision regarding their claim have three options as of February 2019. This is because of the VA Appeals Modernization Act. A Veteran can opt to pursue a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will analyze which option is appropriate for the particular Veteran's needs.
The Veteran may request a higher-level review by an VA Claims adjudicator who wasn't involved in the original decision. The Veteran can also request an informal meeting with the adjudicator in charge to discuss their case.
In some cases it is possible that the VA may have incorrectly denied a disability claim or under-rated a condition (grant 30 percent for PTSD when they should have awarded 50 percent). Sometimes, the Veteran may have new evidence that was not taken into account in the original decision. It is important that the Veteran has a seasoned attorney guide them through the procedure.
The advocates at Berry Law Firm understand the details of the current VA appeals and claims procedures. They will ensure that your claim is in line with the submission standards required by the VA and that your case is presented in a clear and comprehensive manner. They will also be able to escalate your claim to the Board of
veterans disability lawyers' Appeals, if necessary.
Legacy Reviews
VA is trying to reduce the number of disability claimants. The appeals process can be lengthy and can take an average of 150 working days before receiving the final decision. This is why it's essential to employ a veterans disability attorney who can assist you with the process and ensure that your application meets the appropriate standards.
If you're not satisfied with the initial decision made on your claim, a skilled disability lawyer can assist you to determine your options. There are three options to seek a decision review: 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 and determine the best route for your situation to increase the chances of a favorable outcome.
In addition to ensuring your appeals are in line with the VA's submission criteria, your veterans disability attorney will also assist you to gather and present the evidence required to prove your claim. This includes medical evidence such as your medical records, test results and expert testimony. Your lawyer will also look into the military special credits you are entitled to based on your service and work history. This could affect your eligibility for a Social Security benefit or pension.
Medical Evidence
Veterans seeking disability benefits should have complete medical evidence. A lawyer can assist you get all of the relevant private medical records in addition to those from the VA healthcare system. These records could include MRIs and CT scans as along with treatment notes. Attorneys can also help with requesting important documents such as social security records and service documents that are relevant to your claim. He can also ask the VA to take you to a doctor to conduct a C&P examination which is required for the filing of a TDIU claim or PTSD claim.
It is vital to have enough medical evidence if the VA denies your claim for an assessment of disability. An experienced attorney can provide the additional evidence you require to get your claims approved and get you the ratings you deserve.
He can also use statements from lay people, such as letters from family members and friends to prove that your disabilities have a significant impact on you. You can also provide medical statements from your doctors who can provide evidence of how they believe your ailments are connected to your military service.
A good veteran disability lawyer can assist you to fight for the right to receive tax-free disability benefits. He can take the stress and burden 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 treat you unfairly.