Veterans Disability AttorneysThe monthly amount a veteran receives is based on his or her disability rating. The rating can increase or decreases by 10% increments. A knowledgeable New York veterans disability attorney can help ensure that your application and supporting documents are correct and error-free to improve your chances of receiving the best possible rating.
A veterans disability lawyer can also assist with filing a appeal or review and also the need for a formal hearing and medical evidence, such as a VE or IME in the event of need. Our initial consultations are always complimentary.
Appeals
If you're trying to appeal a flat-out denial, or an unfavorable rating decision or a rating decision that you are not happy with, your New York veterans disability benefits lawyer will use a comprehensive approach to ensure you stand the best chance of winning your appeal. The VA appeals process can be complex and there are brief deadlines for filing in many of the phases. Our lawyers are familiar with the ins and outs of each process and will be on your side to provide one-on-one focus during your appeal.
In the event that an individual veteran is not satisfied with the decision, he or may decide to take a Supplemental Claim, or Higher-Level Review of the decision. During this time a senior reviewer looks over the evidence you provided for a decision to determine whether there was an error. During this time, a veteran may arrange a meeting with a senior reviewer.
If a veteran does not agree with the results of a Higher-Level Review, he or she can appeal to the Board of Veterans Appeals. This is a formal procedure which involves hearings before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision review officer and judge to ensure all evidence and arguments are well-argued and presented in front of the board member.
Higher-Level Reviews
Veterans who are not satisfied with an initial decision about 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 determine which option is best for each Veteran's unique situation.
The Veteran can request a more thorough review by a VA Claims adjudicator who wasn't involved in the decision making process. The Veteran may also request an informal meeting with the adjudicator in charge to discuss their case.
In some instances, VA may have incorrectly denied an claim for disability, or under-rated a medical issue (granted 30 percent when they should have awarded 50 percent). Sometimes the Veteran might have evidence that was not considered in the initial decision. Regardless of the case, it is important to hire an experienced attorney help the Veteran with the process.
Berry Law Firm's attorneys are familiar with the VA's current appeals and claims procedure. They will ensure that your claim meets the requirements of submission to the VA and that your case is presented in a clear, thorough way. They will also be prepared to take your case to the Board of
veterans disability lawsuits' Appeals, if necessary.
Legacy Reviews
VA is trying to reduce the backlog of disability claimants. The appeals process can be long, and it could take an average of 125 working days to receive a final decision. This is why it's vital to engage a veteran disability lawyer who can assist you in navigating the system and ensure that your claim is in line with the right standards.
A competent disability lawyer will help you determine your options for requesting the decision review if you are unsatisfied with the initial decision made regarding your claim. There are three options for a decision review that you can choose from: the Supplemental Claims Lane or the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your case and decide on the best option for your particular circumstances to increase the chances of a favorable outcome.
Your veteran's disability lawyer will assist you with gathering the evidence necessary to prove your claim. This includes medical evidence like your medical documents, test results, and expert testimony. Your lawyer will also look into the military special credits you are entitled to depending on your work and service history. This can impact your eligibility to receive benefits such as a Social Security benefit or pension.
Medical Evidence
A thorough medical record is essential for those seeking disability benefits. A lawyer can help get you all the relevant medical records, including those of the VA healthcare system. These records may include MRIs and CT scans as well as treatment notes. Attorneys can also assist 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 doctor for a C&P examination which is required for a TDIU claim or PTSD claim.
It is important that you have a sufficient medical proof if the VA denies your claim for an impairment rating. An experienced lawyer can present the additional evidence you need to get your claims approved and secure the ratings you deserve.
He can make use of lay statements, like letters from family members and friends members, to establish that your limitations have an impact on your daily life. You can also submit medical records from your doctor who can explain how they believe that your conditions are a result of your military service.
A reputable veteran's disability lawyer can assist you in fighting for tax-free benefits. He will relieve you of the stress and anxiety that comes from dealing with the VA so that you can focus on your recovery. He can also stand up to VA officials who are unfairly treating you.