Veterans Disability
AttorneysThe monthly monetary compensation for veterans is determined by their disability rating, which grows or decreases in 10-percent increments. A knowledgeable New York veterans disability attorney will help ensure that your application and supporting documents are correct and error-free to improve your chances of receiving the most favorable rating.
A qualified
veterans disability lawyer can assist with filing a higher-level review or appeal, as well as request an official hearing and medical evidence like an IME or VE, as needed. Initial consultations with us are always free of charge.
Appeals
If you're contesting a flat-out denial or a rating decision that is unfavorable, your New York veterans disability benefits lawyer will take an approach that is comprehensive to ensure you have the best chance at winning your appeal. The VA appeals process can be complex and there are brief filing deadlines during many stages. Our attorneys understand the ins and outs of each stage and will be by your side to provide individual attention during your case.
In cases where an individual veteran is not satisfied with an outcome, he or she may choose to make a Supplemental Claim or Higher-Level Review of the decision. In this instance an experienced reviewer will look at all the evidence you presented originally to make an answer and will determine if they believe there was a mistake in your decision. During this time,
veterans disability lawsuit may ask for a personal meeting.
If a veteran is not satisfied with the results of the Higher-Level review, the veteran can go to the Board of Veterans Appeals. This is a more formal process where a hearing will be held before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a review officer and judge to ensure all arguments and evidence are properly 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 in the event of disagreement with the original decision on their claim. A Veteran can opt to go for a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will analyze which option is best for the particular Veteran's needs.
The Veteran can ask for a higher-level review by an VA Claims adjudicator that was not involved in the initial decision. The Veteran can also request a private conference with the senior adjudicator in order to discuss their case.
In some instances in some cases, the VA could have erroneously denied an application for disability or under-rated the severity of a condition (grant 30 percent for PTSD when they should have given 50 percent). Sometimes the Veteran may have new evidence that the original decision didn't take into account. It is imperative that the Veteran has a knowledgeable attorney to guide them through the process.
The attorneys at Berry Law Firm understand the details of the current VA appeals and claims procedures. They will ensure that your claim meets the requirements for submission by the VA and that your case is presented in a clear and complete way. If necessary, 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. The appeals process can be very long, and it can take an average of 125 working days to receive the final decision. It is important to hire an attorney who is knowledgeable in veterans disability law. They can help you navigate the system and ensure that your claim is compliant with all essential requirements.
A knowledgeable disability lawyer can guide you through your options for requesting an appeal in the event that you are unsatisfied with the initial decision taken on your claim. There are three options for decision review available to you: the Supplemental Claim Lane The Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will analyze your case to determine which option is the most appropriate for your particular circumstances and will increase the chance of a positive outcome.
Your attorney for veterans disability will help you gather the evidence necessary to prove your claim. This includes medical evidence like your medical documents, test results, and expert testimony. Your lawyer will review the military credits to which you are eligible based on your work and service history. This could affect your eligibility for pension or Social Security benefits.
Medical Evidence
Veterans who seek disability benefits must provide thorough medical evidence. An attorney can help you gather all the relevant medical records in your private medical file in addition to those from the VA healthcare system. These records may include MRIs and CT scans, as well as treatment notes. Attorneys can also help you obtain important documents like social security records and service documents that are relevant to your claim. He can also request that the VA send you to a doctor to conduct an C&P examination as a prerequisite for the filing of a TDIU or PTSD claim.
If the VA denies you a disability rating it is essential to have medical evidence to appeal. An experienced attorney will be able to provide you with the additional evidence needed to have your claim approved and receive the rating you deserve.
He can also use statements from people who are not in the military, for example letters written by family members and friends, to establish that your disability is having a an impact on you in a significant way. You can also provide statements from your doctors, who can explain the reasons they believe your condition are due to your military service.
A good veterans disability lawyer can help fight for the right to recover tax-free disability benefits. He will relieve you of the stress and strain that comes from dealing with the VA which allows you to concentrate on your recovery. In addition, he could take on the VA officials who treat you unfairly.