Veterans Disability Attorneys
The monthly monetary compensation for veterans is determined by their disability rating, which can increase or decreases in 10-percent increments. An experienced New York
veterans disability attorney will ensure that your application and all supporting documents are completed and error-free to improve your chances of getting the best possible rating.
A qualified
veterans disability attorney can also assist with filing a higher-level appeal or review and can also request a formal hearing and medical evidence like an IME or VE, as needed. Initial consultations with us are always free of cost.
Appeal
Your New York veterans disability lawyer will adopt a holistic approach to your appeal, whether you are appealing a denial or a rating decision that is not favorable. This will give you the best chance of winning your appeal. The VA appeals process is complicated and has many small deadlines at different stages. Our attorneys understand the nuances and nuances of each step and will be by your side to provide individual focus during your appeal.
If a veteran is dissatisfied with a decision taken the veteran can file a Supplemental Claim. During this time a senior reviewer looks over all the evidence submitted for a decision and determines whether there was a mistake. A veteran can also request a private hearing during this period.
If a veteran is not satisfied with the outcome of the Higher-Level Reviews, they may move on to the Board of Veterans Appeals. This is a more formal process in which a hearing is held before the Board of Veterans Appeals. Your New York veteran disability attorney will collaborate with a decision review officer and a judge to ensure that all your evidence and arguments are presented and argued correctly in front of the board member.
Higher-Level Reviews
Veterans who do not agree with an initial decision about their claim have three options available since February 2019. This is due to the VA Appeals Modernization Act. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will analyze the best option for the individual Veteran's circumstances.
Using the Higher-Level Review appeal allows the Veteran to request a fresh look at their case by an experienced VA Claims Adjudicator that did not participate in the original decision. The Veteran may also request a private conference with the adjudicator's senior judge in order to discuss their case.
In some cases, VA may have incorrectly denied the claim of disability or under-rated a medical condition (granted 30 percent when they should have awarded 50 percent). Sometimes the Veteran may have new evidence that was not taken into account in the original decision. It is crucial that the Veteran has a seasoned attorney guide them through the procedure.
The lawyers at Berry Law Firm understand the ins and outs of the current VA claims and appeals processes. They will ensure that your claim is compliant with all VA criteria for submission and ensure that it is presented in an organized, clear way. If necessary, they will escalate your claim to an appeals Board of Veterans' Appeals.
Legacy Reviews
VA is trying to reduce the number of disability claimants. However, the appeals process is still a long one, and it takes an average of 125 days to receive the decision following the filing of your claim. This is why it's vital to engage a veterans disability attorney who can help you navigate the system and ensure your application meets the appropriate standards.
If you are not satisfied with the initial decision made on your claim, a seasoned disability lawyer can assist you to decide on your options. There are three options for a decision review: the Supplemental Claims Lane and the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will review your case and choose the most appropriate option for your circumstances to increase your chances of a successful result.
In addition to ensuring that your appeals are in line with the VA's submission guidelines, your veterans disability attorney will also help you gather and present the evidence needed to be successful in your claim. This includes medical evidence such as your medical documents, test results, and expert testimony. Your lawyer will analyze the military credits to which you are entitled based on your work and service history. This could affect your eligibility for pension or Social Security benefits.
Medical Evidence
Thorough medical evidence is critical for veterans who seek disability benefits. An attorney can assist in getting you all relevant medical records, including those of the VA healthcare system. They could include MRIs, CT scans, and treatment notes. Additionally, an attorney can help you request service records and social security records that are vital to your claim. The attorney can also request the VA to send you to a physician to conduct a C&P exam which is required for an TDIU claim or PTSD claim.
If the VA denies your disability rating It is crucial to have the right medical evidence to support your appeal. A knowledgeable attorney can provide the additional evidence that you require to get your claims approved and help you get the rating you deserve.
He can make use of lay-based statements, like letters from friends and family members, to establish that your disabilities have an impact on your daily activities. You can also provide medical documents from your physicians who will explain why they believe that your conditions are a result of your military service.
A skilled veterans disability attorney can help you fight for the right to recover tax-free disability benefits. He can ease the stress and burden of dealing with the VA off your shoulders, allowing you to focus on getting better. Additionally, he can stand up to the VA officials who are treating you unfairly.