Veterans Disability AttorneysThe amount of monetary compensation a veteran receives each month is based on their disability rating, which can increase or decreases in 10-percent increments. A knowledgeable New York veterans disability attorney can ensure that your application and supporting documents are completed and error-free to improve your chances of receiving the best possible rating.
A lawyer for veterans can also help with filing a higher-level review or appeal and also requesting a formal hearing and medical evidence such as a VE or IME when needed. Our initial consultations are always free of charge.
Appeal
Whether you are trying to appeal a flat-out denial, or an unfavorable rating decision, your New York veterans disability benefits lawyer will follow an extensive approach to ensure you stand the best chance of winning your case. The VA appeals process is complex and there are numerous deadlines that are short at different stages. Our lawyers know the ins and outs of each process and will be on your side, giving you personal attention throughout your appeal.
If an experienced veteran isn't happy with an outcome, he or she may choose to pursue a Supplemental Claim or Higher-Level Review of the decision. During this period, a senior reviewer examines all the evidence submitted for a decision and determines whether there was a mistake. During this time, a veteran can ask for a personal meeting.
If a veteran is unable to feel that they are satisfied with the outcomes of a Higher-Level Revision, he or she can appeal to the Board of Veterans Appeals. This is a more formal procedure where a hearing takes place before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision review officer and a judge to ensure that all of your evidence and arguments are presented and argued correctly in front of the board member.
Higher-Level Reviews
Since February 2019, thanks to the VA Appeals Modernization Act -
veterans disability lawsuit now have three options in the event that they disagree with the original decision made on their claim. A Veteran could choose to pursue a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will determine the best option for each Veteran's situation.
Using the Higher-Level Review appeal permits the Veteran to request a new review of their case with an experienced VA Claims Adjudicator that did not take part in the initial decision. The Veteran may also request a confidential conference with the adjudicator of the highest rank to discuss their case.
In some instances, the VA could have erroneously denied a disability claim or under-rated the severity of 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. It is important that the Veteran has a seasoned attorney to guide them through this process.
The lawyers at Berry Law Firm understand the ins and outs of the current VA claims and appeals processes. They will make sure that your claim meets all VA requirements for submission and that it is presented in a structured and concise manner. They will also be prepared to take your case to the Board of Veterans' Appeals, if necessary.
Legacy Reviews
VA is trying to reduce the backlog of disability claimants. However the appeals procedure is still lengthy and takes an average of 125 calendar days to receive the decision following the filing of your claim. It is crucial to find an attorney who has experience in veterans disability law. They can help you navigate the process and make sure that your application meets the necessary standards.
If you aren't satisfied with the initial decision taken on your claim, a competent disability lawyer can assist you to identify your options. There are three options for an appeals process which are the Supplemental Claims Lane and the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your experienced disability lawyer will evaluate your case and determine the best solution for your circumstances to increase your chances of a successful result.
Your veteran's disability lawyer can assist you in gathering the evidence needed to prove your claim. This includes medical evidence, such as your medical records and test results. Your lawyer will examine the military credits to which you are entitled based upon your work and service history. This can impact your eligibility to receive the Social Security benefit or pension.
Medical Evidence
Veterans who are seeking disability benefits must present complete medical evidence. A lawyer can help get you all relevant medical documents, including those from the VA healthcare system. This could include MRIs, CT scans, and treatment notes. Attorneys can also help you obtain important documents such as social security records and service records that relate to your claim. The attorney can also request the VA to take you to a doctor for a C&P examination as a condition for a TDIU claim or PTSD claim.
If the VA refuses to grant you a disability claim, it is important to have medical evidence to appeal. A knowledgeable attorney can provide the additional evidence that you require to get your claims approved and help you get the rating you deserve.
He can make use of statements from people who are not in the military, for example letters written by friends and family, to establish that your physical disabilities are having an impact on you in a significant way. He can also submit statements from your doctors who will explain why they believe your conditions are related to your military service.
A reputable
veterans disability attorney can help you fight to recover tax-free disability benefits. He can relieve you of the stress and anxiety associated with dealing with the VA and allow you to concentrate on your recovery. He can also speak against VA officials who treat you unfairly.
