Veterans Disability Attorneys
The amount of monthly compensation that an individual veteran receives is contingent on his or her disability rating. This rating increases or decreases by 10 percent increments. A New York veterans disability lawyer can ensure that all documents and applications are error-free and complete, which will increase your chances of getting the highest possible rating.
A qualified veterans disability lawyer can assist in filing a higher-level review or appeal and request a formal hearing and medical evidence, such as an IME or VE, as needed. Our initial consultations are complimentary.
Appeal
Your New York veterans disability lawyer will apply a comprehensive approach to your appeals, whether you are contesting a denial or rating decision that is not favorable. This will give you the most chance of winning your case. The VA appeals procedure is a bit complicated and there are numerous deadlines for appeals at various stages. Our lawyers can provide you with one-on-1 assistance throughout your appeal. They are aware of the ins and outs of each step.
If a veteran disagrees with the decision, he or her could decide to submit a Supplemental Claim. During this process the senior reviewer will scrutinize all of the evidence that you initially submitted to an opinion and 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 not satisfied with the results of the Higher-Level Reviews, they can move on to the Board of Veterans Appeals. This is a more formal procedure where a hearing occurs before the Board of Veterans Appeals. During this time, your New York veteran disability benefits attorney will work with the decision review officer as well as a judge to ensure that all of your evidence is presented and argued appropriately in front of a board member.
Higher-Level Reviews
Since February 2019 - due to the VA Appeals Modernization Act - veterans disability attorneys have three options in the event that they disagree with the original decision made on their claim. A Veteran can opt to go for a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is appropriate for the individual Veteran's circumstances.
Using the Higher-Level Review appeal allows the Veteran to request a fresh look at their case by a seasoned VA Claims Adjudicator who did take part in the initial decision. The Veteran may also request a confidential discussion with the senior adjudicator in order to discuss their case.
In certain cases, VA may have incorrectly denied a claim for disability or under-rated a medical condition (granted 30 percent, when they should've given 50 percent). Sometimes the Veteran might have evidence that was not considered in the original decision. Whatever the situation it is important to hire an experienced attorney guide the Veteran through the process.
Berry Law Firm's attorneys are well-versed in VA's current appeals and claims procedure. They will ensure that your claim meets the standards for submission required by the VA and that your claim is presented in a clear and complete manner. They will also be prepared to take your case to the Board of Veterans' Appeals should it be necessary.
Legacy Reviews
The VA is currently working to reduce its backlog of disability claims. However the appeals process is still a lengthy process, and it takes an average of 125 days to receive a decision following the submission of your claim. This is why it's essential to employ an attorney for veterans who can help you navigate the process and make sure that your claim is in line with the right standards.
If you're not satisfied with the initial decision taken on your claim, a seasoned disability lawyer can help decide on your options. There are three options for decision review available to you: 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 choice for your individual circumstances and increase the chances of a favorable outcome.
Your lawyer for veterans disability can assist you in gathering the evidence necessary to prove your claim. This includes medical evidence such as your medical documents, test results, and expert testimony. Your lawyer will also examine the military special credits you are entitled to depending on your service and work history. This can affect your eligibility for a pension or Social Security benefits.
Medical Evidence
Veterans who seek disability benefits must present complete medical evidence. A lawyer can help get you all relevant medical documents, including those from the VA healthcare system. These records could include MRIs and CT scans as well as treatment notes. The attorney can also help you request service records as well as social security files that are important for your claim. He can also request that the VA send you to a physician to conduct C&P tests. C&P examination which is required for the filing of a TDIU or PTSD claim.
It is essential to have enough medical evidence if the VA denies your claim for an impairment rating. An experienced attorney can provide the additional evidence that you need to have your claim accepted and help you get the rating you deserve.
You can also use lay statements, such as letters from family or friends members, to establish that your disability has an impact on your daily life. You can also provide statements from your doctor, who can elaborate on the reasons why they believe your ailments are due to your military service.
A good veterans disability lawyer can assist you to fight for the right to recover tax-free disability benefits. He can relieve you of the stress and anxiety associated from dealing with the VA, allowing to focus on your recovery. In addition, he can confront the VA officials who are treating you unfairly.