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Veterans Disability Attorneys

The monthly compensation a veteran receives is based on his or her disability rating. The rating is increased or decreases by 10 percent increments. A knowledgeable New York veterans disability attorney will help ensure that your application and supporting documents are accurate and error-free to increase your chances of receiving the most favorable rating.

A qualified veterans disability lawyer can assist with filing a more complex review or appeal as well as requesting 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 adopt a holistic approach to your appeal, whether you are contesting a denial, or a rating decision that is not in your favor. This will give you the best chance of winning your case. The VA appeals procedure is a bit complicated, and there are many deadlines for appeals at various stages. Our attorneys understand the ins and outs of each step and will be by your side to provide individual attention throughout your case.

In cases where a veteran is not happy with the decision, he or may decide to take a Supplemental Claim, or Higher-Level Review of the decision. In this time a senior reviewer looks over all the evidence submitted for a decision and determines whether there was an error. During this time, a veteran may request a personal meeting.

If a veteran is not satisfied with the outcome of the Higher-Level review, they may move to the Board of Veterans Appeals. This is a formal process that includes hearings before the Board of Veterans Appeals. During this time your New York veteran disability benefits attorney will collaborate with the decision reviewer and a judge to ensure that all of your evidence is presented and argued appropriately before the board member.

Higher-Level Reviews

Veterans who do not agree with their initial decision regarding their claim have three options from February 2019. This is due to the VA Appeals Modernization Act. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will determine the most appropriate option for each Veteran's specific situation.

The Veteran may request a higher-level review by a VA Claims adjudicator not involved in the decision making process. The Veteran can also request a confidential conference with the senior adjudicator in order to discuss their case.

In some cases, VA may have incorrectly denied an claim for disability, or under-rated a medical issue (granted 30 percent, when they should've given 50 percent). Other times the Veteran may have evidence that the initial decision didn't take into consideration. Regardless of the case it is crucial to consult with an experienced attorney help the Veteran through the process.

The attorneys 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 requirements and that it is presented in a structured, clear way. If necessary, they'll escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

The VA is currently working to reduce its backlog of disability claims. The appeals process is often lengthy and could take an average of 150 working days before receiving an answer. This is why it is crucial to work with a veterans disability attorney who can help you navigate the process and make sure that your application meets the required standards.

If you aren't satisfied with the initial decision made on your claim, a seasoned disability lawyer can help you identify your options. There are three options to seek a decision review which are the Supplemental Claims Lane, the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your veteran disability lawyer will analyze your case and determine the best solution for your particular circumstances to increase the likelihood of a successful outcome.

Your lawyer for veterans disability will assist you in gathering the evidence needed to prove your claim. This includes medical evidence such as your medical documents, test results, and expert testimony. Your lawyer will review the military credits to which you are entitled based on your employment and service record. This can impact your eligibility for benefits such as a Social Security benefit or pension.

Medical Evidence

Veterans who are seeking disability benefits should have complete medical evidence. An attorney can assist in getting you all relevant medical records, including those of the VA healthcare system. These records may include MRIs and CT scans as well as treatment notes. Attorneys can also help you obtain important documents like social security records and service records that are relevant to your claim. He can also request that the VA send you to a doctor for an C&P test that is a requirement for a TDIU or PTSD claim.

It is important that you have enough medical evidence if the VA denies your claim for an assessment of disability. A knowledgeable attorney can provide the additional evidence that you need to be able to get your claim approved and obtain the rating you deserve.

You can also use lay statements, like letters from family members and friends members, to help establish that your physical limitations have a significant impact on your daily life. He could also submit statements from your doctors who can explain why they believe that your disabilities are related to your military service.

A skilled veterans disability lawsuits disability lawyer can help you fight to receive tax-free disability benefits. He can take the burden and strain of dealing with the VA off your shoulders, allowing you to focus on improving your condition. He can also stand against VA officials who treat you unfairly.