Veterans Disability Lawyers

If a veteran in New York has a problem with their VA disability rating, they may wish to engage an attorney. The law currently prohibits lawyers from charging fees for the initial claim however, they are able to charge for assistance in appeals.

An experienced VA disability lawyer has experience in the various types of hearings involved in the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings, and Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability attorney focuses on representing clients who have disabilities resulting from military service. They look over your medical records to assess your ability to receive benefits, such as an allowance of care per month and a tax-free amount. The amount of your benefit is determined by the disability rating. Other circumstances could make you eligible for additional benefits. These benefits could include compensation for a specific disability or "aid and attendance" for your spouse in the case of a disabled veteran who needs assistance with daily activities.

The VA is a massive bureaucracy, and it can be confusing to navigate through the process, particularly when deciding what is a valid claim for injuries, how to file an appeal, or what information to include with your application. The presence of a VA-certified disability lawyer to assist you in the process reduces stress and makes the process more efficient. They can handle all communication with the VA and provide legal assistance through each step of your claim.

When choosing a New York veterans disability lawyer Look for a lawyer who is certified by the VA and has been practicing veterans law for a long time. You should also be sure they have a great reputation in the local area and are in good standing with their New York bar association. Additionally, if you're contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) and you'll require an attorney admitted to practice before that court.

Experience

Veterans who have suffered injury or illness due to their military service, and may be eligible for tax-free disability benefits. The process can be confusing and intimidating, so it is essential to work with a skilled New Jersey veterans disability attorney who is familiar with the intricacies of VA laws. A skilled attorney can guide you through the process, help you compile and collect all the required documents and ensure that they are submitted on schedule.

A veteran disability lawyer can assist you understand the significance of your claim. The amount of benefits you receive will depend on the severity of your condition or injury and how it impacts your daily life. You could be qualified for Special Monthly Compensation (SMC), which is a higher-rate disability benefit that is granted in certain conditions. For instance when your condition restricts your mobility or requires you to receive ongoing assistance from others. You could also be eligible for TDIU. This is a higher rate disability that is paid out if you are unable to work at a reasonable rate because of your service-related condition.

A skilled veterans disability lawyer will also assist you in determining whether you're eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help to navigate through three options for review if your VA claim is denied, such as requesting a higher-level decision or filing an appeal with the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Before 2007 the veterans could only get an attorney if they were not satisfied with a VA decision (either refusal or less than a completely favorable rating decision). Now you can engage an experienced NYC veteran disability lawyer when you receive an unfavorable rating decision.

A good lawyer for disability will be able to explain the options available to you, such as a Board Appeal or a Higher-Level Review or Supplemental Claim. Avoid attorneys who do not specialize in veterans disability law, or who only handle one or two cases.

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

Your lawyer is in a position to assist you in obtaining records and documentation from the VA as well as your doctors hospitals, employers, or other medical professionals. Your lawyer may also recommend a Medical Examiner or a Vocational expert to help with your case. The fees of these experts are not included in your attorney's fee but you should take a look at whether their services are worth the cost. Unless you are an unemployed vet, Veterans Disability Lawyers your attorney should not be adamant about having you pay for these experts.

Appeals

A disability attorney for veterans can help you appeal the decision of the Department of Veterans Affairs. There are three kinds of appeals: Supplemental Claim, a Higher-Level Review, or a Board Appeal. Your lawyer can guide you on which appeal to select and assist you to gather the necessary evidence to present.

There are strict deadlines to file VA disability claims at various stages. A single mistake can result in an denial. A Morgan & Morgan veterans disability lawyer can take the burden off your shoulders by helping gather medical records, documents and a persuasive case for approval.

The appeals process at the VA can be long and complex. A veteran disability lawyer in New York can help you through the entire process, including an official hearing before a Veterans Law judge. This is the last step of the appeals process and could result in a change to your disability rating, which determines how much disability compensation you will receive.

If you're not satisfied with the outcome of your claim after hearing, you can submit an appeal to the Board of Veterans Appeals in Washington, D.C. This is a long appeals procedure and you have to request it within one year of the date of your Ratings Decision.