Veterans Disability Lawyers

When a New York veteran has an issue with their VA disability compensation rating, they should consider hiring an attorney. While the law prohibits lawyers from charging for assistance with filing a first claim, they may charge to assist with a veterans' appeal.

A seasoned VA disability lawyer will have experience with the various types of hearings involved in the veterans' appeals process. Hearings are held by the Board of Veterans' Appeals, the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability lawyer is focused on representing clients with disabilities resulting from military service. They will look over your medical records to determine your eligibility for benefits. This includes a monthly allowance that's tax-free for compensation and care. The amount of the benefit is determined by your disability status, and there are other situations 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 help with everyday activities.

The VA is a big bureaucracy. It can be confusing to navigate through the process, particularly when deciding what you can claim for your injuries, when to appeal, or what to include in your application. 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 provide legal support throughout the process of submitting your claim.

When selecting a New York veterans disability lawyer Choose a lawyer that is accredited by the VA and has been practicing veterans law for many years. Also, make sure that they have a positive local reputation and are a good member of their New York bar associations. In addition, if appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) in New York, you'll need an attorney who is licensed to practice before the court.

Experience

Veterans who have suffered injuries or illnesses as a result of their military service and could be qualified for tax-free disability benefits. However, the process can be difficult and confusing, and it is important to consult a New Jersey veterans disability lawyer who understands the nuances of VA law. A knowledgeable attorney will help you navigate the process, help you compile and collect all the necessary documents and ensure that they are delivered on time.

An experienced veteran disability lawyer can help you comprehend the potential benefits of your case. The amount of benefits you are entitled to is contingent on the severity of the illness or injury you suffer and how it impacts your daily routine. Depending on your circumstances you could be eligible for Special Monthly Compensation (SMC) which is a higher rate of disability that is granted in certain situations such as the condition that limits your mobility or requires continuous assistance from others. You could also be eligible for TDIU which is a higher amount of disability that is paid if you cannot work at a reasonable rate due to a service-related issue.

A skilled veterans disability lawyer can help you determine if you are eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can also assist you to identify the three alternatives for reviewing your claim if VA will not approve your claim, including the option of requesting an administrative or higher-level decision review, or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007, veterans were permitted to hire an attorney if they received a decision from VA that they weren't satisfied with (either denied or a less than a fully favorable Rating Decision). You can now hire an experienced NYC veteran lawyer for disability claims as soon as you get a negative rating decision.

A good disability lawyer will be able explain your options, such as a Board Appeal, Higher-Level Review or Supplemental Claim. Avoid attorneys who do not specialize in veterans disability law, or only take on the most limited cases.

VA regulations permit attorneys to charge up to 20 percent of any retroactive benefit or award that they win on behalf of you. This amount is typically directly paid to your attorney by the VA.

Your lawyer can assist you obtain documentation and records from the VA, your doctor, hospitals, or employers. Your lawyer might also recommend a Medical Examiner or a Vocational expert to assist with your case. The cost of these experts' services isn't part of the fees of your attorney, but you must always think about whether the cost of their services is worth it. Your lawyer shouldn't make feel obligated to hire these experts, unless you're an active vet with a limited income.

Appeals

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

There are strict deadlines for filing VA disability claims at various stages. Every little mistake can result in being denied. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by assisting you to collect medical records, paperwork and a persuasive case to be considered 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, which includes an in-person hearing before a Veterans Law judge. This is the final step of the appeals process and can result in an adjustment to your disability rating, which will determine the amount of disability compensation you'll receive.

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