Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may need to retain an attorney. The law currently prohibits lawyers from charging charges for initial claims, but they can charge for assistance in an appeal.

A seasoned VA disability lawyer will be familiar with the various types of hearings involved in the appeals process for veterans. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings, and Court of Appeals for Veterans Claims hearings.

Qualifications

A lawyer for veterans' disability is focused on representing clients with disabilities stemming from military service. They look over your medical records to assess your eligibility for benefits, which includes an allowance per month for medical care as well as compensation that is tax-free. The amount of the benefit is determined by your disability rating and there are other circumstances that could also qualify you for additional benefits. These benefits may include additional compensation for a particular disability or "aid and attendance" for your spouse in the event of a disabled veteran who needs help with daily activities.

The VA is a huge bureaucracy, and it can be frustrating to navigate, especially when you have to decide what injuries to claim, which information to submit with your application, or the best way to appeal. The presence of a VA-certified disability lawyer to assist in the process can make it easier and more efficient. They can handle all communication with the VA, and provide legal assistance during each step of your claim.

Find a veteran's disabilities lawyer in New York who is VA-accredited and has been practicing law for veterans for a long time. Also, ensure that they have a good local reputation and are a member of their New York bar associations. Additionally, if you're contesting your VA disability denial or low rating decision to the Court of Appeals for veterans disability lawsuit Claims (CAVC) You'll require an attorney licensed to practice before the court.

Experience

Veterans who have been injured or sickened as a result their military service may be eligible for tax free disability benefits. However the process can be complex and daunting, and it is essential to consult an experienced New Jersey veterans disability lawyer who understands the nuances of VA law. A knowledgeable attorney can guide you through the process of applying, gather and compile all the necessary documents, and make sure that they are submitted on time.

A knowledgeable veteran disability attorney can help you understand the potential benefits of your case. The amount of benefits you will receive is contingent on the severity of your illness or injury and how it impacts your daily life. Based on your situation, you may be eligible for Special Monthly Compensation (SMC) which is a higher amount of disability payable in certain instances, such as when your condition restricts your mobility or requires continuous assistance from others. You may also qualify for TDIU which is a higher level of disability which is paid when you are unable to work at any reasonable level due to a service-related issue.

A knowledgeable veterans disability lawyer can also advise you on whether you are eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can also help through the three options to review your claim if the VA will not approve your claim, which includes 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

Before 2007, veterans could only hire an attorney when they were not completely satisfied with the VA decision (either denial or a less than fully favorable rating decision). You can now hire an experienced NYC veteran lawyer to help you claim disability benefits as soon as you receive an unsatisfactory rating decision.

A good disability lawyer can explain your options, such as a Board Appeal or a Higher-Level review or Supplemental Claim. You should stay clear of lawyers who don't limit their practice to veterans disability law or who only handle some cases at the same time.

VA regulations allow attorneys to charge up 20 percent of the retroactive benefit or award they win for you. This amount is usually directly paid to your attorney by the VA.

Your lawyer can assist you obtain records and documentation from the VA as well as your doctor, hospitals, or your employer. Your attorney will also likely recommend hiring an Medical Examiner and a Vocational Expert to help you with your case. The fees of these experts are not included in your attorney's fee however, you must consider whether their services are worth the cost. Your lawyer shouldn't force you to feel obligated to hire these experts unless you are a vet on a low income.

Appeals

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

There are strict deadlines to file VA disability claims at different stages. Every little mistake can result in an denial. A Morgan & Morgan veterans' disability lawyer can lift the burden off your shoulders, helping to gather medical records and other paperwork, then write an impressive argument for approval, and ensure that all forms are completed correctly.

The appeal process for the VA can be long and complex. A veteran disability lawyer in New York can help you through the entire process, which includes a formal hearing before a Veterans Law judge. This is the final stage of the appeals process. It can result in changes to your disability rating, which determines the amount of disability compensation you'll receive.

If you're still not satisfied with the outcome of your claim after hearing, you are able to appeal to the Board of Veterans Appeals in Washington, D.C. This is a much more rigorous appeals process, and you must have one year from the date of your Ratings Decision to request this option.