Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may want to engage an attorney. The law currently prohibits lawyers from charging fees for claims that are not yet filed however, they are able to charge for assistance with an appeal.

A VA disability lawyer with experience will be knowledgeable of all kinds of hearings that are part of the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings and Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability lawyer concentrates on representing clients suffering from disabilities that result from military service. They review your medical records to assess your eligibility for benefits, which includes an allowance per month for medical care and a compensation that is tax-free. The amount of the benefit is determined by your disability rating and there are other conditions that could allow you to be eligible for additional benefits. These benefits could include compensation for a specific disability or "aid-and-attendance" for your spouse if you are disabled and require assistance with daily activities.

The VA is a huge bureaucracy. It can be frustrating to navigate, particularly when it comes to deciding which injuries to claim, what you should include in your application, and how to file an appellation. Having a VA-certified disability attorney to help you through the process can make it easier and more efficient. They can handle all communication with the VA and provide legal assistance throughout the entire process of filing your claim.

Find a veteran's disabilities lawyer in New York who is VA-accredited and has been practicing law for veterans for a period of time. Also, make sure that they have a positive local reputation and are a member of their New York bar associations. If you are appealing the decision of a VA disability denial decision or low rating decision before the Court of Appeals for Veterans Claims in New York, you'll require an attorney who is admitted to practice in the court.

Experience

Veterans have been injured or ill as a result of their military service and may be eligible for tax-free disability benefits. The process is often complicated and confusing, so it's crucial to partner with a knowledgeable New Jersey Veterans Disability attorneys disability attorney who is knowledgeable of VA laws. A competent lawyer will guide you through the process, help you compile and collect all necessary documents and ensure they are filed on time.

A veteran disability lawyer can assist you understand the worth of your claim. The amount of benefits you receive depends on the severity of the illness or injury you suffer and how it impacts your daily life. Depending on the circumstances you could be eligible for Special Monthly Comp (SMC), a higher rate of disability that is paid in certain cases for instance, when your condition limits your mobility or requires help from others. You may also qualify for TDIU which is a higher level of disability that is paid out when you are unable to perform your job at any reasonable level due to a condition that is related to your service.

A skilled veterans disability lawyer will also help you determine if you're eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can also help you identify the three options available to you if the VA refuses to grant your claim. This includes requesting an administrative or higher-level review of the decision or making an appeal to the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007 the veterans could only get an attorney in the event of not being satisfied with an VA decision (either refusal or less than a fully favorable rating decision). Now you can engage an experienced NYC veteran disability lawyer immediately after receiving an unfavorable rating decision.

A reputable disability lawyer will be able explain the options available to you, such as a Board Appeal or a Higher-Level Review or Supplemental Claim. Avoid lawyers who aren't specialized in veterans disability law, or take on only the most limited cases.

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

Your lawyer is in a position to assist you in obtaining records and documentation from the VA and your doctor hospitals, employers, or other medical professionals. Your lawyer might also recommend a Medical Examiner or a Vocational expert to assist in your case. The fees of these experts are not included in the attorney's fees but you should be evaluating whether their services are worth the cost. Unless you are a low-income vet, your attorney should not make you feel pressured to pay for these experts.

Appeals

A lawyer for veterans can help you appeal the decision of the Department of Veterans Affairs. There are three different types of appeals: a Supplemental Claim, a Higher-Level Review, or a Board Appeal. Your lawyer can guide you on which appeal to select and assist you to gather the necessary evidence to present.

There are strict deadlines for filing VA disability claims at various stages. A single mistake can result in a denial. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by helping gather medical records, documents and a persuasive case for approval.

The appeals process to contest a decision made by the VA is arduous and confusing. A veteran disability lawyer in New York can help you through the entire process including an official hearing before an Veterans Law judge. This is the last step in the appeals process. It could result in an adjustment to your disability rating which will determine how much the disability compensation you receive.

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