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Veterans Disability Attorneys

The monthly monetary allowance for veterans 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 complete and error-free, which will increase your chances of getting the most favorable rating.

A qualified veterans disability attorney can also assist with filing a higher-level review or appeal and can also request an official hearing and medical evidence such as an IME or VE in the event of need. Initial consultations with us are always free of charge.

Appeal

Whether you are appealing a flat-out denial or a negative rating decision the New York veterans disability benefits lawyer will employ an extensive approach to ensure you have the best chance of winning your appeal. The VA appeals procedure is complex and there are short deadlines for filing in many of the phases. Our lawyers know the ins and outs of each process and will be on your side to give you one-on-one attention during your case.

If a veteran is dissatisfied with a decision made, he or her can submit a Supplemental Claim. During this period a senior reviewer looks over all the evidence submitted for a decision in order to determine whether there was an error. Veterans may also request a personal hearing during this period.

If a veteran does be satisfied with the results of a Higher Level Review, he or she may appeal to the Board of Veterans Appeals. This is a more formal process where a hearing will be held before the Board of Veterans Appeals. During this period your New York veteran disability benefits attorney will work with the decision review officer as well as a judge to ensure all of your evidence is properly presented and debated in a proper manner in front of the board member.

Higher-Level Reviews

Since February 2019 - due to the VA Appeals Modernization Act - Veterans now have three pathways when they disagree with the original decision on their claim. Veterans can choose to pursue a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will analyze which option is appropriate for each Veteran's particular situation.

The Veteran can request a higher-level review by a VA Claims adjudicator who wasn't involved in the initial decision. The Veteran may also request a confidential meeting with the senior adjudicator to discuss their case.

In some cases, VA may have incorrectly denied an application for disability or under-rated a medical condition (granted 30 percent, when they should've given 50 percent). In other instances it is possible that the Veteran may have evidence that the original decision didn't consider. Regardless of the case, it is important to consult with an experienced attorney assist the Veteran through the process.

The lawyers at Berry Law Firm understand the specifics of the current VA appeals and claims processes. They will ensure that your claim is in compliance with all VA submission standards and that it is presented in a structured, clear manner. If needed, they'll escalate your claim to a Board of Veterans' Appeals.

Legacy Reviews

The VA is currently trying to reduce the backlog of disability claims. However, the appeals process is still a lengthy process and takes an average of 125 calendar days to receive the decision following the filing of your claim. This is why it is vital to engage a veterans disability attorney who can assist you with the system and ensure your application is in line with the proper standards.

A knowledgeable disability lawyer can advise you on your options for seeking an appeal in the event that you are not satisfied with the initial decision taken on your claim. There are three options for decision review available which include the Supplemental Claim Lane or the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will analyze your case to determine which is the best choice depending on your personal situation and increase the likelihood of a successful outcome.

In addition to ensuring that your appeals meet the VA's submission criteria, your veterans disability attorney will also help you gather and present the evidence needed for success in your appeal. This includes medical evidence like your medical records and test results. Your lawyer will examine the military credits to which you are entitled based on your employment and service history. This could affect your eligibility to receive an Social Security benefit or pension.

Medical Evidence

Veterans who are seeking disability benefits must have thorough medical evidence. A lawyer can help get you all the relevant medical documents, veterans disability including those from the VA healthcare system. They could include MRIs, CT scans, and treatment notes. The attorney can also help with requesting important documents like social security records and service records that are relevant to your claim. The attorney can also request the VA to take you to a doctor to conduct a C&P exam, which is a prerequisite for a TDIU claim or PTSD claim.

It is vital to have enough medical evidence if the VA denies your claim for the disability rating. An experienced attorney can provide the additional evidence you need to be able to get your claim approved and secure the ratings you deserve.

He can also use statements from non-professionals, like letters written by friends and family to prove that your disability is having a a significant impact on you. You can also provide statements from your doctors who can elaborate on why they believe that your disabilities are a result of your military service.

A good veteran's disability attorney can help you fight for your right to tax-free benefits. He can help you get rid of the stress and anxiety that comes having to deal with the VA, allowing to focus on your recovery. Additionally, he can stand up to the VA officials who treat you unfairly.