Veterans Disability Attorneys

The monthly compensation the veteran receives is based on his or her disability rating. The rating can increase or decreases by 10 percent increments. A knowledgeable New York veterans disability attorney will help ensure that your application and all supporting documents are completed and error-free to improve your chances of getting the highest possible rating.

A qualified veterans disability attorney can also assist with filing a more complex review or appeal and request an official hearing and medical evidence like an IME or VE or IME, if needed. Our initial case consultations are always free of cost.

Appeals

If you're appealing a flat-out rejection or a rating decision that is unfavorable, your New York veterans disability benefits lawyer will follow an approach that is comprehensive to ensure you stand the best chance at winning your appeal. The VA appeals procedure is complex and there are short filing deadlines during many phases. Our lawyers are familiar with the nuances and nuances of each step and will be by your side to give you one-on-one attention during your case.

If a veteran disagrees with the decision then he or she can file a Supplemental Claim. During this time an experienced reviewer reviews all the evidence you submitted for a decision, and decides if there was an error. During this time, a veteran can ask for a personal meeting.

If a veteran does accept the findings of a Higher-Level Review, he or she may appeal to the Board of Veterans Appeals. This is a more formal process in which a hearing is held before the Board of Veterans Appeals. During this time, your New York veteran disability benefits attorney will collaborate with the decision review officer and a judge to ensure all of your evidence is presented and properly argued before the board member.

Higher-Level Reviews

Since February 2019, due to the VA Appeals Modernization Act - Veterans have three options in the event of disagreement with the original decision on their claim. A Veteran could choose to pursue a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is most appropriate for the individual Veteran's situation.

The Higher-Level Appeal appeal, the Veteran to request a new look at their case with an experienced VA Claims Adjudicator who didn't participate in the original decision. The Veteran can also request a confidential conference with the adjudicator of the highest rank to discuss their case.

In some cases in some cases, the VA could have erroneously denied an application for disability or under-rated the severity of a condition (grant 30 percent of PTSD when they should have awarded 50 percent). Sometimes, the Veteran may have new evidence that was not taken into account in the initial decision. It is essential that the Veteran has a seasoned attorney guide them through the procedure.

The attorneys at Berry Law Firm understand the ins and outs of the current VA appeals and claims procedures. They will ensure that your claim meets the standards for submission required by the VA and that your claim is presented in a clear, thorough manner. They will also be prepared to escalate your claim to the Board of Veterans' Appeals in the event of a need.

Legacy Reviews

VA is trying to reduce the number of disability claimants. However, the appeals process is still a lengthy process, and it takes an average of 125 days to get a decision following the submission of your claim. This is why it's so important to hire a veterans disability attorney who can guide you through the process and ensure that your application is in line with the proper standards.

If you're not happy with the initial decision made on your claim, a skilled disability lawyer can assist you to determine your options. There are three options for decision review available to you: the Supplemental Claim Lane or the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will assess your case and choose the best route for your circumstances to increase your chances of a successful result.

In addition to making sure that your appeals meet the VA's submission criteria, your veterans disability attorney will also help you gather and present the evidence required to support your claim. This includes medical evidence like your medical records and test results. Your lawyer will look into the military credits to which you are entitled based on your work and service history. This could affect your eligibility for a Social Security benefit or pension.

Medical Evidence

Veterans seeking disability benefits must have thorough medical evidence. A lawyer can help get you all relevant medical records, including those from the VA healthcare system. These could include MRIs, CT scans, and treatment notes. The attorney can also help with requesting important documents such as social security records and service records that pertain to your claim. He can also request that the VA send you to a physician to conduct C&P tests. C&P examination as a prerequisite for a TDIU or PTSD claim.

If the VA refuses to grant you a disability claim, it is important to have the right medical evidence to appeal. A knowledgeable attorney can provide you with the additional evidence you require to have your claim approved and receive the credit you deserve.

He can use lay statements, like letters from friends and family members, to establish that your disability has significant effects on your daily routine. He can also present statements from your doctor, who can explain why they believe that your disabilities are a result of your military service.

A skilled veterans disability attorney can help you fight to claim tax-free disability benefits. He can relieve you of the stress and anxiety associated with dealing with the VA, allowing to focus on your recovery. He can also stand up to VA officials who treat you unfairly.