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Veterans Disability Attorneys

The amount of monetary compensation a veteran receives each month is based on their disability rating, which grows or decreases in 10-percent increments. A knowledgeable New York veterans disability attorney will ensure that your application and supporting documents are correct and error-free, which will increase your chances of getting the highest possible rating.

A qualified veterans disability attorney can also assist with filing a more complex appeal or review, as well as request a formal hearing and medical evidence like an IME or VE in the event of need. The initial consultations with us are always free.

Appeals

Whether you are contesting a flat-out denial or a rating decision that is unfavorable the New York veterans disability benefits lawyer will follow an extensive approach to ensure you stand the best chance at winning your case. The VA appeals procedure is complex and there are strict deadlines for filing during various phases. Our attorneys understand the nuances and nuances of each step and will be by your side, giving you personal focus during your appeal.

If a veteran disagrees with a decision made by the judge, they could decide to file a Supplemental Claim. In this case an experienced reviewer will examine all the evidence you presented originally to make the decision and determine if they believe there was a mistake in your decision. During this time, veterans may ask for a personal meeting.

If a veteran doesn't agree with the results of a Higher-Level Review, he or she may appeal to the Board of Veterans Appeals. This is a formal procedure which involves hearings 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

Veterans who are dissatisfied with an initial decision about their claim have three options available since February 2019. This is due to the VA Appeals Modernization Act. A Veteran could choose to go for a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will determine the most appropriate option for each Veteran's unique situation.

The Veteran can request a higher-level review by an VA Claims adjudicator not involved in the initial decision. The Veteran may also request an informal meeting with the adjudicator who is the senior judge to discuss their case.

In some instances, VA may have incorrectly denied a claim for disability or under-rated a medical issue (granted 30 percent when they should have awarded 50 percent). In other cases, the Veteran might have new evidence that the initial decision didn't consider. Whatever the situation, it is important to hire an experienced attorney help the Veteran navigate the process.

The attorneys at Berry Law Firm understand the specifics of the current VA claims and appeals processes. They will make sure that your claim is in line with the standards for submission required by the VA and that your claim is presented in a clear, complete way. If necessary, they'll escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

VA is working to reduce the number of disability claimants. However the appeals procedure is still lengthy, and it takes an average of 125 days for a decision following the submission of your claim. This is why it is so important to hire a veterans disability attorney who can assist you with the process and ensure that your application meets the appropriate standards.

A qualified disability lawyer can help you determine your options for seeking a decision review if you are dissatisfied with the initial decision given on your claim. There are three options for an appeals process: the Supplemental Claims Lane and the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your veteran disability attorney will assess your case to determine which option is the best fit for your individual circumstances and improve the odds of a favorable outcome.

In addition to ensuring your appeals meet the VA's submission standards, your veterans disability attorney will also assist you in gathering and present the evidence necessary to support your appeal. This includes medical evidence, such as your medical records, test results and expert testimony. Your lawyer will also look into the special military credits you are entitled to based on your work experience and service. This can impact your eligibility to receive an Social Security benefit or pension.

Medical Evidence

Veterans who are seeking disability benefits must present complete medical evidence. An attorney can help you obtain all relevant medical records from private sources and also those from the VA healthcare system. They could include MRIs, CT scans, and treatment notes. Similarly, the attorney can assist you in requesting service records and social security files that are important for your claim. The attorney can also request the VA to send you to a doctor for a C&P examination which is required for a TDIU claim or PTSD claim.

It is essential to have sufficient medical evidence in case the VA refuses to grant you an assessment of disability. An experienced attorney can provide the additional evidence that you need to be able to get your claim approved and get you the ratings you deserve.

He can use the statements of lay people, such as letters from family members and friends to prove that your disabilities are having an impact on you in a significant way. He could also submit statements from your doctor, who will explain why they believe your conditions are due to your military service.

A skilled veterans disability attorney can help you fight to recover tax-free disability benefits. He can take the stress and burden of dealing with the VA off your shoulders, allowing you to focus on improving your condition. He can also speak up to VA officials who are treating you unfairly.