Veterans Disability Lawyers

If a veteran in New York has a problem with their VA disability rating, they may wish to consult a lawyer. Although the law currently prohibits lawyers from charging fees for assistance with filing a first claim, they may charge to assist with appeals for veterans.

A seasoned VA disability lawyer will be familiar with all types of hearings that are part of the veterans' appeals procedure. 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 stemming from military service. They will review your medical records to assess your potential eligibility for benefits. This includes the monthly allowance for medical expenses and a tax-free amount. The amount of the benefit is determined by your disability status, and there are additional 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're a disabled veteran and need assistance with daily activities.

The VA is a huge bureaucracy. It can be confusing to navigate through the process, especially when making decisions about what you can claim for your injuries, when to file an appeal, or what to submit with your application. A VA-certified disability lawyer can help make the process easier and more efficient. They can handle all communications with the VA and offer legal advice throughout the entire process of your claim.

When you are choosing a New York veterans disability lawyer choose a lawyer who is recognized by the VA and has been practicing law for veterans for a long time. You should also ensure that they have a good reputation within the local community and are in good standing with their New York bar association. If you want to appeal the decision of a VA disability denial decision or a low rating decision before the Court of Appeals for Veterans Claims, you will need an attorney who has been admitted to practice in the court.

Experience

Veterans who have suffered injuries or sickened as a result their military service could be eligible for tax-free disability benefits. However the process can be difficult and confusing, and it is important to consult an experienced New Jersey veterans disability lawyer who is knowledgeable of the specifics of VA law. A skilled attorney can guide you through the process of applying as well as gather and compile all the necessary documents, and ensure that they are timely submitted.

A veteran disability lawyer can assist you understand the worth of your claim. The amount of benefits you receive will depend on the severity of your illness or injury and how it impacts your daily life. Depending on the circumstances, you may be eligible for Special Monthly Payment (SMC) which is a higher percentage of disability that is paid in certain circumstances like when your condition affects your mobility or requires ongoing help from others. You may also qualify for TDIU which is a greater amount of disability that is paid if you are unable to perform your job at a reasonable level due to a service-related issue.

A skilled veterans disability lawyer can assist you in determining whether you may be eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help you determine the three alternatives for reviewing your claim if VA is unable to approve your claim, such as 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 only allowed to engage an attorney after receiving a decision from the VA that they weren't happy with (either the denial or less than a fully favorable Rating Decision). Now you can employ an experienced NYC veteran disability lawyer as soon as you receive an unfavorable rating decision.

A good disability lawyer will be able to provide you with options for reviewing your decision including a Supplemental Claim, a Higher-Level Review, or Board Appeal. You should stay clear of lawyers who do not limit their work to the law governing veterans disability or only take on some cases at a time.

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

Your lawyer will be able to help you obtain records and documentation from the VA, your doctors, hospitals, or employers. Your lawyer might also recommend a Medical Examiner or a Vocational expert to assist in your case. These experts' fees aren't part of the fees of your attorney, but you must always think about whether the costs of their services are worth it. Your lawyer shouldn't make you feel that you are obligated to pay for these experts, unless you're an armed forces veteran with a low income.

Appeal

A veterans disability lawyer can help you appeal an appeal decision made by the Department of veterans disability attorneys Affairs. There are three kinds of appeals: a Board Appeal, a Higher-Level Review and Supplemental Claims. Your attorney can help choose which appeal you should pursue and help you gather the evidence you need to present.

There are strict deadlines to file VA disability claims at different stages. A single mistake can result in an denial. A Morgan & Morgan veterans disability lawyer can take the burden off your shoulders by helping you get medical records, paperwork and then write a convincing argument to get approval.

The appeal process for a decision from the VA can be arduous and difficult. A seasoned New York veteran disability lawyer can help you through the entire process and even an official hearing before an Veterans Law Judge. This is the final step in the appeals process. It could result in an adjustment to your disability rating, which will determine how much 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 more thorough appeals process, and you must have one year from the date of your Ratings Decision to request this option.