Veterans Disability AttorneysThe amount of monetary compensation a veteran receives each month is determined by their disability rating, which is a process that increases or decreases in 10-percent increments. A knowledgeable New York veterans disability attorney can ensure that your application and supporting documents are complete and error-free, which will increase your chances of getting the most favorable rating.
A lawyer for veterans can also assist with filing a higher-level appeal or review and also seeking a formal hearing as well as medical evidence like a VE or IME when needed. Our initial consultations are free.
Appeal
Your New York
veterans disability law firms disability lawyer will employ a comprehensive approach to your appeal, no matter if you are appealing a denial or rating decision that is not in your favor. This will give you the best chance of winning your appeal. The VA appeals process is complex, and there are many short deadlines at various stages. Our lawyers know the ins and outs of each step and will be by your side to give you one-on-one attention throughout your case.
If an experienced veteran isn't happy with the decision, he or may decide to make a Supplemental Claim or Higher-Level Review of the decision. During this time a senior reviewer looks over all the evidence you submitted for a decision to determine whether there was an error. Veteran may also request a personal hearing during this period.
If a veteran isn't satisfied with the outcome of the Higher-Level Review 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 work with a review officer and a judge to make sure that all of your arguments and evidence are effectively presented and argued front of the board member.
Higher-Level Reviews
Since February 2019 - thanks to the VA Appeals Modernization Act - Veterans now have three pathways when they do not agree with the initial decision regarding their claim. A Veteran may choose to pursue a Higher Level Review, a Supplemental Claim, or a Board Appeal. Berry Law Firm will analyze which option is appropriate for the particular Veteran's needs.
The Higher-Level Review appeal, the Veteran to request a new look at their case with an experienced VA Claims Adjudicator that did not take part in the initial decision. The Veteran may also request a private conference with the adjudicator's senior judge to discuss their case.
In certain cases, VA may have incorrectly denied an application for disability or under-rated a medical issue (granted 30 percent when they should've awarded 50 percent). Sometimes, the Veteran might have evidence that was not considered in the initial decision. It is imperative that the Veteran has a seasoned attorney guide them through the process.
The advocates at Berry Law Firm understand the aspects and nuances of the current VA claims and appeals processes. They will ensure that your claim meets all VA submission requirements and that it is presented in an organized, clear manner. If needed, they'll escalate your claim to an appeals Board of Veterans' Appeals.
Legacy Reviews
The VA is currently working to reduce its backlog of disability claims. However the appeals process still a long one, and it takes an average of 125 days to receive a decision after filing your claim. This is why it's essential to employ an attorney for veterans that can assist you with the system and ensure your application meets the appropriate standards.
A competent disability lawyer will provide you with options for seeking the decision review if you are dissatisfied with the initial decision that is taken on your claim. There are three decision review options available: the Supplemental Claim Lane, the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will assess your case and choose the best solution for your particular circumstances to increase your chances of a positive result.
Your veteran's disability lawyer will assist you in gathering the evidence necessary to prove your claim. This includes medical evidence like your medical documents and test results. Your lawyer will also look into the special military credits you are entitled to based on your work and service history. This could affect your eligibility for an Social Security benefit or pension.
Medical Evidence
Veterans seeking disability benefits must present complete medical evidence. A lawyer can assist you get all of the relevant medical records from private sources as well as those from the VA healthcare system. These may include MRIs, CT scans, and treatment notes. Attorneys can also assist you obtain important documents, such as social security records and service records that relate to your claim. He can also request that the VA send you to a doctor to conduct C&P tests. C&P test which is required for an TDIU or PTSD claim.
It is important that you have sufficient medical evidence in case the VA denies your claim for the disability rating. 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 family and friends members, to help establish that your limitations have an impact on your daily life. You can also provide medical statements from your doctors who will explain why they believe your issues are a result of your military service.
A skilled veterans disability lawyer can help you fight to receive tax-free disability benefits. He can ease the stress and burden of dealing with the VA off your shoulders and allow you to concentrate on improving your condition. He can also speak up to VA officials who are treating you unfairly.