Veterans Disability Lawyers

If an New York veteran has an issue with their VA disability compensation rating, they should think about hiring an attorney. Although current law prohibits lawyers from charging fees for assistance in filing an initial claim, they may charge for assistance in appeals for veterans.

An experienced VA disability lawyer is familiar with all types of hearings that are part of the appeals process for veterans. This includes hearings before the Board of Veterans' Appeals as well as the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability attorney focuses on representing those who suffer disabilities due to military service. They will review your medical records to determine your eligibility for benefits. This includes an allowance per month that is tax-free for care and compensation. The amount of the benefit is determined by your disability rating and there are other circumstances that may qualify you for additional benefits. These benefits could include compensation for a specific 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 frustrating to navigate, particularly when you are deciding on the type of injury to claim, what to include in your application, or the best way to file an appeal. A VA-certified disability lawyer can help make the process easier and more efficient. They are able to handle all communication with the VA and offer legal support through every step of your claim.

Look for a veteran's disability lawyer in New York who is VA-accredited and has been practicing veterans' law for some time. Also, ensure that they have a positive local reputation and are in good standing in their New York bar associations. If you want to appeal an appeal of a VA disability denial decision or a low rating decision before the Court of Appeals for Veterans Claims and appeals, you'll need an attorney who has been admitted to practice in that court.

Experience

Veterans who have been injured or ill-advised as a result of their military service could be eligible for tax free disability benefits. However, the process can be complex and intimidating, and it is important to work with an experienced New Jersey veterans disability lawyer who knows the intricacies of VA law. A knowledgeable attorney will help you navigate the process, compile and collect all the required documents and ensure that they are submitted on schedule.

A skilled veteran disability attorney will also assist you in understanding the potential value of your case. The amount of benefits you receive is determined by the severity of your injury or illness and the impact it has on your daily life. Depending on your circumstances, you may be eligible for Special Monthly Compensation (SMC), a higher rate of disability that is payable in certain instances such as when your condition limits your mobility or requires continuous assistance from others. You may also be eligible for TDIU. This is a higher rate disability which is paid when you are unable work at a reasonable level because of a service-related illness.

A lawyer for veterans will also be able to help you determine if you're eligible for Social Security Disability benefits in addition to your VA benefits. A lawyer can help determine three different options to review if your VA claim is denied, including the option of requesting a more formal decision or filing an appeal with the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Before 2007, veterans could only hire an attorney when they were not completely satisfied with the VA decision (either denial or a less than completely favorable rating decision). Now, you can hire an experienced NYC veteran disability lawyer immediately after receiving an unfavorable rating decision.

A good disability lawyer can explain the options available for reviewing your decision, including an Supplemental Claim, Higher-Level Review, or Board Appeal. Avoid lawyers who aren't specialized in the field of veterans disability law or take on only one or two cases.

VA regulations allow attorneys to receive up to 20% of the retroactive benefit or award that they obtain for you. This amount is usually directly to your attorney by the VA.

Your lawyer can assist you obtain documents and records from the VA, your doctor, hospitals, or even your employer. Your attorney will also likely recommend obtaining a Medical Examiner and a Vocational Expert to assist with your case. These experts' fees are not included in the fees of your attorney, veterans disability attorneys but you should still be evaluating whether their services are worth the cost. Your attorney shouldn't make you feel obligated to pay for these experts, unless you're an active vet with a limited income.

Appeal

A disability attorney for veterans can assist you in appealing the decision of the Department of Veterans Affairs. There are three different types of appeals: Supplemental Claim, a Higher-Level Review or a Board Appeal. Your lawyer can assist you choose which appeal to choose and help you gather the evidence you must provide.

During the VA disability claims process, there are strict filing deadlines at various stages, and any slight discrepancy can lead to being denied. A Morgan & Morgan veterans' disability lawyer can lift the burden from your shoulders by helping you collect medical records and documents, and write an effective argument for approval and ensure that all forms are completed correctly.

The appeal process for appealing a decision from the VA can be arduous and complicated. A veteran disability lawyer in New York can help you through the entire process which includes hearings in a formal setting before an Veterans Law judge. This is the last step in the appeals process. It can result in an adjustment to your disability status, which will determine the amount of disability compensation you will receive.

If you are still not satisfied with the result of your claim following hearing, you are able to appeal to the Board of veterans Disability Attorneys Appeals in Washington, D.C. This is a long appeals procedure, and you have to request it within one year from the date of your Ratings Decision.