Dinah Colby asked 1 month ago
veterans disability lawyers Disability Attorneys
The monthly compensation a veteran receives is based on his or her disability rating. The rating increases or decreases by 10 percent increments. A knowledgeable New York veterans disability attorney can ensure that your application and veterans disability Attorney supporting documents are complete and error-free to maximize your chances of receiving 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, such as an IME or VE in the event of need. Our initial consultations for cases are always free of charge.
Appeals
Whether you are appealing a flat-out rejection or a negative 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 have the best chance at winning your case. The VA appeals procedure is complex and there are numerous small deadlines at different stages. Our attorneys will offer you one-on-one assistance throughout your appeal. They are aware of the ins and outs of each step.
If a veteran is dissatisfied with the decision the veteran could submit a Supplemental Claim. During this time the senior reviewer will evaluate all the evidence you initially submitted to the decision and determine whether they believe there was an error in your decision. Veteran may request a hearing on their behalf during this period.
If a veteran isn’t satisfied with the results of the Higher-Level review, they may move 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 Veterans disability attorney judge to ensure that all your arguments and evidence are properly well-argued and presented in front of the board member.
Higher-Level Reviews
Veterans who do not agree with an initial decision on their claim have three options since February 2019. This is because of the VA Appeals Modernization Act. A Veteran could 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 individual Veteran’s circumstances.
The Higher-Level Review appeal allows the Veteran to request a fresh look at their case by a seasoned VA Claims Adjudicator who did participate in the original decision. The Veteran may also request a private conference with the adjudicator who is the senior to discuss their case.
In some cases, VA may have incorrectly denied an application for disability or under-rated a medical issue (granted 30 percent instead of 50 percent). Sometimes the Veteran might have evidence which was not taken into account in the original decision. In any case, it is important to hire an experienced attorney assist the Veteran with the process.
The lawyers at Berry Law Firm understand the aspects and nuances of the current VA claims and appeals processes. They will ensure that your claim is in compliance with all VA submission standards and that it is presented in a well-organized, clear way. If necessary, they will 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 procedure is nonetheless a lengthy one, and it takes an average of 125 days to receive a decision following the submission of your claim. This is why it’s vital to engage a veterans disability attorney who can assist you in navigating the system and ensure your application meets the required standards.
If you’re not happy with the initial decision taken on your claim, a skilled disability lawyer can help you identify your options. There are three options for a decision review: the Supplemental Claims Lane or the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your veteran disability attorney will assess your situation to determine which is the best option for your specific situation and increase the likelihood of a successful outcome.
In addition to ensuring that your appeals are in line with the VA’s submission requirements, your veterans disability lawyer disability attorney will also assist you to gather and present the evidence required to support your claim. This includes medical evidence, like your medical records and test results. Your lawyer will analyze the military credits to which you are entitled based on your employment and service record. This can affect your eligibility for a pension or Social Security benefits.
Medical Evidence
A thorough medical record is essential to veterans who are seeking disability benefits. An attorney can help you get all of the relevant medical records that are private as well as those from the VA healthcare system. They could include MRIs, CT scans, and treatment notes. The attorney can also help to request important documents like social security records and service records that are relevant to your claim. He can also request that the VA send you to a physician to conduct an C&P examination which is required for the filing of a TDIU or PTSD claim.
It is crucial to have enough medical evidence if the VA denies your claim for a disability rating. A knowledgeable attorney can provide you with the additional evidence you require to have your claim approved and receive the credit you deserve.
He can use the statements of people who are not in the military, for example letters written by friends and family to prove that your disabilities are having significant effects on you. He can also submit statements from your doctor, who can explain the reasons they believe your condition are related to your military service.
A reputable veteran’s disability attorney can help you fight for tax-free benefits. He can take the burden and strain of dealing with the VA off your shoulders and allow you to concentrate on improving your condition. He can also stand against VA officials who are treating you unfairly.