Veterans Disability Lawyers

If a veteran from New York has a problem with their VA disability rating, they might want to consult 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 is familiar with all types hearings that are part of the veterans' appeals process. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings and Court of Appeals for Veterans Claims hearings.

Qualifications

A veteran's disability lawyer is focused on representing clients with disabilities resulting from military service. They examine your medical records to determine your eligibility for benefits, including a monthly allowance for care and a tax-free amount. The amount of the benefit is determined by your disability score, and there are other situations that could allow you to be eligible for additional benefits. These benefits could include additional compensation for a particular disability or "aid-and-attendance" for your spouse if you're disabled and require assistance with daily activities.

The VA is a massive bureaucracy that can be frustrating to navigate, especially when you have to decide what injuries to claim, what to submit as part of your application, or how to file an appellation. Having a VA-certified disability attorney to assist in the process makes it less stressful and more efficient. They will handle all communications with the VA and offer legal support throughout the process of submitting your claim.

When choosing a New York veterans disability lawyer Look for a lawyer who is recognized by the VA and has been practicing veterans disability attorneys law for a long time. You should also make sure they have a great reputation in the local 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) in New York, you'll require an attorney who is licensed to practice before the court.

Experience

Veterans who have suffered injury or illness due to their military service and could be eligible for tax-free disability benefits. The process can be complicated and overwhelming, which is why it's crucial to work with an experienced New Jersey veterans disability attorney who is familiar with the specifics of VA laws. A knowledgeable attorney can guide you through the process, and compile and collect all necessary documents and ensure that they are submitted on schedule.

A skilled veteran disability attorney can also help you understand the potential benefits of your case. The amount of benefits you receive is contingent on the severity of your condition or injury and how it affects your daily routine. You could be eligible for Special Monthly Compensation (SMC) which is a higher amount of disability paid in certain circumstances. For example when your condition restricts your mobility or requires ongoing assistance from others. You may also qualify for TDIU. This is a higher-rate disability that is paid if you are unable work at a decent level because of a service-related illness.

A knowledgeable veterans disability lawyer can help you determine if you're eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help navigate three different options for review in the event that your VA claim is denied, including seeking a higher-level decision or filing an appeal at the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Before 2007 veterans could only employ an attorney if they were not satisfied with an VA decision (either refusal or less than a fully favorable rating decision). You can now employ an experienced NYC veteran lawyer to help you claim disability benefits as soon as you receive a negative rating decision.

A good disability lawyer will be able to explain the options available to review your decision including a Supplemental Claim, Higher-Level Review or Board Appeal. Avoid lawyers who do not specialize in the field of veterans disability law or who only handle certain cases.

VA regulations allow attorneys to earn up to 20 percent of the retroactive award or benefit that they obtain for you. In general the amount will be directly to the attorney from the VA. You and your attorney should negotiate the fee arrangement before you sign any kind of agreement.

Your lawyer can help you get documentation and records from the VA or your doctor, hospitals, or employer. Your lawyer will likely recommend obtaining an Medical Examiner and a Vocational Expert to assist with your case. The fees of these experts are not included in the fees of your attorney but you should consider whether their services are worth the cost. Your lawyer shouldn't force you to feel like you have to pay for these experts unless you are an active vet with a limited income.

Appeal

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

There are strict deadlines to file VA disability claims at different stages. Any mistake could result in being denied. A Morgan & Morgan veterans' disability lawyer can lift the burden from your shoulders, helping collect medical records and paperwork, then write an impressive argument to get approval, and make sure that the forms are filled out correctly.

The appeal process for the VA is lengthy and complicated. A veteran disability lawyer in New York can help you through the entire process including an in-person hearing before a Veterans Law judge. This is the final step in the appeals process. It can result in an adjustment to your disability score, which will determine the amount of disability compensation you receive.

If you're not satisfied with the outcome of your claim after a hearing, you can submit an appeal to the Board of veterans disability attorneys Appeals in Washington, D.C. This is a more thorough appeals procedure, and you'll have to wait for one year from the date of your Ratings Decision to request this option.