Veterans Disability Attorneys

A veteran's monthly monetary compensation is based on their disability rating, which is a process that increases or decreases in 10-percent increments. A knowledgeable New York veterans disability law firm disability attorney will ensure that your application and supporting documents are accurate and error-free to maximize your chances of receiving the most favorable rating.

A lawyer for veterans with disabilities can also help with filing a higher level review or appeal and also having a formal hearing request and medical evidence like a VE or IME in the event of need. Our initial consultations for cases are always free of charge.

Appeal

Whether you are appealing a flat-out denial or an unfavorable rating decision, your New York veterans disability benefits lawyer will use an extensive approach to ensure you have the best chance at winning your appeal. The VA appeals procedure is a bit complicated and there are a variety of deadlines for appeals at various stages. Our lawyers know the ins and outs of each step and will be by your side to provide one-on-one attention during your case.

In the event that an experienced veteran isn't happy with the decision, he/she can take a Supplemental Claim, or Higher-Level Review of the decision. In this instance an experienced reviewer will look at all of the evidence that you initially submitted to a decision and will see if they believe there was an error in your decision. During this time, veterans may arrange a meeting with a senior reviewer.

If a veteran is unable to feel that they are satisfied with the outcomes of a Higher-Level Revision, he or she can appeal to the Board of Veterans Appeals. This is a more formal procedure where a hearing will be held before the Board of Veterans Appeals. During this time the New York veteran disability benefits attorney will work with the decision reviewer and a judge to ensure that all of your evidence is properly presented and properly argued before a board member.

Higher-Level Reviews

Veterans who are dissatisfied with an initial decision on their claim have three options as of February 2019. This is because of the VA Appeals Modernization Act. A Veteran can opt to pursue a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is most appropriate for the particular Veteran's needs.

The Veteran can ask for a higher-level review by a VA Claims adjudicator that was not involved in the original decision. The Veteran may also request a meeting with the senior adjudicator to discuss their case.

In certain cases, VA may have incorrectly denied an claim for disability, or under-rated a medical condition (granted 30 percent instead of 50 percent). Sometimes, the Veteran may have new evidence which was not considered in the initial decision. Regardless of the case it is essential to have an experienced attorney assist the Veteran navigate the process.

Berry Law Firm's attorneys are familiar with the VA's current appeals and claims process. They will make sure that your claim is in line with the submission standards required by the VA and that your case is presented in a clear, thorough way. If necessary, they will escalate your claim to a Board of Veterans' Appeals.

Legacy Reviews

The VA is currently trying to reduce the backlog of disability claims. However, the appeals process is still a lengthy process and takes an average of 125 days to receive a decision after filing your claim. It is essential to employ an attorney who has experience in veterans disability law. They will guide you through the process and make sure your application meets the required standards.

A knowledgeable disability lawyer can provide you with options for requesting an appeal if you are dissatisfied with the initial decision that is made on your claim. There are three options for a decision review that you can choose from: the Supplemental Claims Lane, the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will analyze your case to determine which option is the best fit for your individual circumstances and will increase the chance of a positive outcome.

In addition to making sure that your appeals are in line with the VA's submission standards, your veterans disability attorney will also assist you in gathering and present the evidence necessary to be successful in your claim. This includes medical evidence, such as your medical records, test results and expert testimony. Your lawyer will look into the military credits to which you are entitled based on your employment and service history. This can impact your eligibility to receive benefits such as a Social Security benefit or pension.

Medical Evidence

Medical evidence that is thorough is essential for those seeking disability benefits. A lawyer can help get you all relevant medical records, including those of the VA healthcare system. These records could include MRIs and CT scans, as along with treatment notes. The attorney can also help you request important documents such as social security records and service records that pertain to your claim. The attorney can also request the VA to send you to a physician in order to undergo an C&P examination, which is a prerequisite for a TDIU claim or PTSD claim.

If the VA denies you a disability rating it is essential to have the right medical evidence to be able to appeal. A knowledgeable attorney will be able to provide you with the additional evidence required to get your claim approved and get the credit you deserve.

He can make use of lay-based statements, such as letters from family and friends members, to establish that your limitations have an impact on your daily routine. You can also provide statements from your doctor, who will explain why they believe that your disabilities are due to your military service.

A reputable veteran's disability attorney can assist you in fighting for tax-free benefits. He can help you get rid of the stress and anxiety associated with dealing with the VA, allowing to focus on your recovery. In addition, he can take on the VA officials who treat you unfairly.