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 help with the appeal process for veterans.

A VA disability lawyer with experience will be familiar with all types hearings that are part of the veterans' appeals process. This includes hearings before 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 review your medical records to determine your eligibility for benefits, including an allowance per month for medical care and compensation that is tax-free. The amount of the benefit is determined by your disability rating and there are other situations 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 disabled veterans disability attorneys (this website) who require help with daily activities.

The VA is a big bureaucracy. It can be frustrating to navigate the process, especially when deciding what is a valid claim for injuries, how to appeal, or what you should include with your application. The presence of a VA-certified disability lawyer to assist with the process helps make it less stressful and more efficient. They are able to handle all communications with the VA and offer legal assistance throughout the process of your claim.

Look for a veteran's disability lawyer in New York who is VA-accredited and has been practicing law for veterans for some time. You should also be sure they have a great reputation in the community and are in good standing with their New York bar association. If you're appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) You'll require an attorney who is admitted to practice before that court.

Experience

Veterans who have suffered injuries or ill-advised as a result of their military service may be eligible for tax free disability benefits. The process can be confusing and overwhelming, which is why it's important to partner with a knowledgeable New Jersey veterans disability attorney who is familiar with the intricacies of VA laws. A competent attorney can guide you through the process, help you compile and collect all necessary documents and ensure that they are submitted on schedule.

An experienced veteran disability lawyer can help you understand the potential benefits of your case. The amount of benefits that you receive is determined by the severity of your injury or illness and the impact it has on your daily life. Based on your situation you could be eligible for Special Monthly Compensation (SMC) which is a higher percentage of disability that is granted in certain situations such as when your condition restricts your mobility or requires assistance from others. You may also qualify for TDIU. This is a higher rate disability that is paid out if you are unable work at a reasonable level as a result of your condition that is related to service.

A veteran's disability lawyer will also be able to assist you in determining if you are eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can help determine three different options to review in the event that your VA claim is denied, which includes asking for a higher-level ruling or filing an appeal with the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans were only permitted to hire an attorney when they received an answer from the VA which they weren't pleased with (either denied or a less than a fully favorable Rating Decision). You are now able to hire an experienced NYC veteran lawyer for disability as soon as you receive a negative rating decision.

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

VA regulations permit attorneys to charge up to 20 percent of retroactive benefit or award they receive on behalf of you. Generally this amount is directly to the attorney by the VA. You and your attorney should discuss the fee arrangement before you sign any agreement.

Your lawyer can assist you obtain documentation and records from the VA, your doctor, hospitals, or your employer. Your lawyer will likely recommend an Medical Examiner or a Vocational expert to help with your case. The fees of these experts are not included in the fee of your attorney however, you must consider whether their services are worth the cost. Unless you are a vet with a low income, your attorney should not oblige you to pay for these experts.

Appeal

A veteran disability lawyer can assist you in appealing the decision of the Department of Veterans Affairs. There are three types of appeals - the Board Appeal, a Higher-Level Review, and Supplemental Claims. Your lawyer can guide you on which type to choose and assist you to gather the necessary evidence to submit.

There are strict deadlines for filing VA disability claims at different stages. Any mistake could result in an denial. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by helping gather medical records, documents, and write a compelling case to be considered for approval.

The VA's appeal process can be long and complex. A knowledgeable New York veteran disability lawyer can help you through the entire procedure, including an official hearing with a Veterans Law Judge. This is the final phase of the appeals process and can result in an adjustment to your disability rating, which will determine how much disability compensation you will receive.

If you're still not satisfied with the result of your claim following hearing, you can submit an appeal to the Board of Veterans Appeals in Washington, D.C. This is a very lengthy appeals process, and you must make it within one year from the date of your Ratings Decision.