Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may want to consult an attorney. The law currently prohibits lawyers from charging fees for the initial claim however they may charge for assistance with an appeal.

A VA disability lawyer who has experience will be familiar with all kinds of hearings that are part of the veterans' appeals procedure. These include hearings by the Board of Veterans' Appeals as well as the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability lawyer concentrates on representing clients suffering from disabilities that result from military service. They will look over your medical records in order to determine your eligibility for benefits. This includes an annual allowance that is tax-free for Veterans Disability care and compensation. The amount of your benefit is determined by the disability rating. Other circumstances could qualify you for extra benefits. These benefits could include compensation for a particular disability or "aid-and-attendance" for your spouse if you are a disabled veteran and need assistance with daily activities.

The VA is a massive bureaucracy. It can be difficult to navigate, particularly when you have to decide what injuries to claim, what to submit with your application, or when to appeal. The presence of a VA-certified disability lawyer to assist with the process reduces stress and makes the process more efficient. They are able to handle all communication with the VA and provide legal advice throughout the entire process of your claim.

When choosing a New York veterans disability lawyer choose a lawyer who is recognized by the VA and has been practicing law for veterans for several years. You should also be sure they have a good reputation in the local area and are in good standing with their New York bar association. In addition, if appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Disability Veterans Claims (CAVC) You'll require an attorney admitted to practice before that court.

Experience

Veterans have been injured or sick as a result of their military service and could be eligible for tax-free disability benefits. However, the process can be complicated and overwhelming, so it is crucial to work with a New Jersey veterans disability law firm disability lawyer who understands the nuances of VA law. A knowledgeable attorney can guide you through the process, help you compile and collect all the necessary documents and ensure that they're delivered on time.

A veteran disability lawyer can help you understand the importance of your claim. The amount of benefits you will receive will depend on the severity of your condition or injury and how it affects your daily life. Depending on your circumstances you could be eligible for Special Monthly Comp (SMC) which is a greater amount of disability payable in certain instances for instance, when your condition restricts your mobility or requires continuous assistance from others. You could also be eligible for TDIU which is a higher rate of disability which is paid when you are unable work at any reasonable level due to your service-related condition.

A skilled veterans disability lawyer can also help you determine if you may be eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can also help identify the three options available to you if the VA will not approve your claim. This includes request an administrative or a higher-level review of the decision or making an appeal to the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007 veterans could only employ an attorney when they were not completely satisfied with an VA decision (either denial or less than completely favorable rating decision). You can now hire an experienced NYC veteran lawyer for disability when you receive an unsatisfactory rating decision.

A good disability lawyer can provide options to review your decision, including a Supplemental Claim, Higher-Level Review, or Board Appeal. You should avoid attorneys who limit their practice to veterans disability law or only accept one or two cases at an time.

VA regulations allow attorneys to receive up to 20% of the retroactive award or benefit that they obtain for you. In general this amount is paid directly to the attorney from the VA. You and your attorney should discuss the fee structure prior to signing sign any contract.

Your lawyer can help you get documentation and records from the VA, your doctor, hospitals, or your employer. Your lawyer will likely suggest obtaining a Medical Examiner and a Vocational Expert to help with your case. These experts' fees aren't part of the attorney's fee, but you should consider whether the costs of their services are worth it. Your lawyer shouldn't make you feel obligated to pay for these experts unless you're a vet on a low income.

Appeals

A veterans disability lawyer can assist you in appealing a decision from the Department of Veterans Affairs. There are three kinds of appeals: Supplemental Claim, Higher-Level Review or Board Appeal. Your attorney can advise you on which one to choose and assist you in gather the necessary evidence to submit.

In the VA disability claims process, there are strict deadlines for filing at different stages and any small discrepancy can result in a denial. A Morgan & Morgan veterans disability lawyer can take the burden off of your shoulders by helping you to gather medical records, documents and a persuasive case to be considered for approval.

The appeal process for the VA is lengthy and complicated. A knowledgeable New York veteran disability lawyer will assist you throughout the entire process which includes a formal hearing before a Veterans Law Judge. This is the last step in the appeals process. It could result in an adjustment to your disability rating, which will determine the amount of disability compensation you receive.

If you're still not satisfied after the hearing, you may appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a long appeals procedure and you must request it within one year from the date of your Ratings Decision.