Veterans Disability Lawyers
If a veteran living in New York has a problem with their VA disability rating, they might want to retain a lawyer. The law currently prohibits lawyers from charging fees for claims that are not yet filed however, they can charge for assistance in an appeal.
A VA disability lawyer with years of experience is well-versed in the various types of hearings part of the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings and Court of Appeals for Veterans Claims hearings.
Qualifications
A veterans disability attorney focuses on representing those who suffer disabilities due to military service. They will examine your medical records in order to determine your eligibility for benefits. This includes a monthly allowance that's tax-free for compensation and care. The amount of the benefit is determined by your disability score, and there are additional circumstances that could also qualify you for additional benefits. These benefits may include additional compensation for a particular disability or "aid and attendance" for your spouse in the case of a disabled veteran who needs assistance with daily activities.
The VA is a huge bureaucracy and it can be difficult to navigate, especially when you are deciding on the type of injury to claim, which information to include in your application, or how to appeal. Having a VA-certified disability attorney to assist you in the process reduces stress and makes the process more efficient. They can handle all communications with the VA and offer legal assistance throughout the process of your claim.
Find a veteran's disability lawyer in New York who is VA-accredited and has been practicing veterans' law for a period of time. Also, ensure that they have a great local reputation and are in good standing in their New York bar associations. Additionally, if you're contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC), you'll require an attorney admitted to practice before that court.
Experience
Veterans who have suffered injuries or sickened as a result their military service might be eligible for tax free disability benefits. The process is often complicated and intimidating, which is why it's essential to consult with a seasoned New Jersey veterans disability attorney who knows the nuances of VA laws. A competent attorney can guide you through the process, and compile and collect all the necessary documents, and ensure they're submitted on schedule.
A veteran disability lawyer can help you understand the worth of your claim. The amount of benefits you are entitled to depends on the severity your condition or injury and how it affects your daily life. Depending on the circumstances you could be eligible for Special Monthly Payment (SMC), a higher rate of disability granted in certain situations, such as when your condition restricts your mobility or requires ongoing help from others. You may also be eligible for TDIU which is a higher level of disability which is paid when you are unable to perform your job at a level that is reasonable because of your condition.
A veterans disability lawyer will also be able to assist you in determining if you are eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can also help you through the three options to review your claim if the VA does not grant your claim, which includes request an administrative or a higher-level decision review or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.
Fees
Prior to 2007, veterans were only permitted to hire an attorney only after they had received an answer from the VA that they weren't happy with (either an appeal or a less than fully favorable Rating Decision). You can now hire an experienced NYC veteran lawyer for disability as soon as you receive an unsatisfactory rating decision.
A reputable disability lawyer will be able to explain the options available to you, such as a Board Appeal or a Higher-Level review or Supplemental Claim. Avoid attorneys who aren't experts in the field of veterans disability law or accept only a few cases.
VA regulations allow attorneys to receive up to 20 percent of the retroactive award or benefit that they receive on behalf of you. In general this amount will be paid directly to the attorney by the VA. You and your attorney should negotiate the fee arrangement prior to you sign any contract.
Your lawyer will be competent to assist you with obtaining records and documentation from the VA, your doctors hospitals, employers, or other medical professionals. Your lawyer will likely recommend an Medical Examiner or a Vocational expert to help with your case. The cost of these experts' services isn't part of the attorney's fee, but you should always consider whether the cost of their services is worth it. Your lawyer shouldn't force you to feel obligated to hire these experts, unless you're an armed forces veteran with a low income.
Appeals
A veterans disability attorneys disability attorney can help you appeal the decision of the Department of Veterans Affairs. There are three kinds of appeals: a Supplemental Claim, a Higher-Level Review or a Board Appeal. Your attorney can advise you on which type to choose and assist you to gather the evidence you need to present.
There are strict deadlines to file VA disability claims at different stages. Every little mistake can result in a denial. A Morgan & Morgan veterans disability lawyer can take the burden off of your shoulders by assisting you to gather medical records, documents, and write a compelling case to be considered for approval.
The appeals process at the VA can be long and complex. A seasoned New York veteran disability lawyer can help you through the entire process, including an official hearing before an Veterans Law Judge. This is the final phase of the appeals process. It can result in changes to your disability rating, which will determine how much disability compensation you will receive.
If you're not satisfied with the result of your claim following an appeal hearing, you may appeal to the Board of Veterans Appeals in Washington, D.C. This is a more extensive appeals procedure and you'll have to wait for one year from the date of your Ratings Decision to request this option.