Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they might want to hire a lawyer. Although the law currently prohibits lawyers from charging fees for assistance in filing an initial claim, they can charge to help with appeals for veterans.

A VA disability lawyer who has experience will be familiar with all types of hearings that are part of the veterans' appeals process. Hearings can be held by the Board of Veterans' Appeals and the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A rathdrum veterans disability law firm disability attorney focuses on representing clients with disabilities that result from military service. They look over your medical records to determine your potential eligibility for benefits. This includes the monthly allowance for medical expenses and a compensation that is tax-free. The amount of the benefit is determined by your disability rating, and there are other situations that could allow you to be eligible for additional benefits. These benefits could include compensation for a particular disability or "aid and attendance" for your spouse in the event of disabled veterans who require assistance with their daily activities.

The VA is a huge bureaucracy and it can be a bit difficult to navigate, veterans disability attorney particularly when you are deciding on the type of injury to claim, what you should include in your application, and how to appeal. A disability lawyer who is certified by the VA can make the process less stressful and more efficient. They are able to handle all communication with the VA and provide legal support throughout the process of submitting your claim.

When you are choosing a New York veterans disability lawyer, look for someone who is certified by the VA and has been practicing veterans law for many years. Also, make sure that they have a great local reputation and are in good standing in their New York bar associations. If you want to appeal an VA disability denial decision or a low rating decision before the Court of Appeals for Veterans Claims You will require an attorney who has been admitted to practice in the court.

Experience

Veterans who have been injured or sickened as a result their military service may be eligible for tax free disability benefits. The process can be confusing and overwhelming, which is why it is essential to partner with a knowledgeable New Jersey veterans disability attorney who is knowledgeable of VA laws. A competent attorney will guide you through the process, and compile and collect all necessary documents and ensure that they are submitted on schedule.

A veteran disability lawyer can assist you understand the importance of your claim. The amount of benefits that you receive is determined by the severity of your condition or injury and the way it affects your daily life. Based on your situation, you may be eligible for Special Monthly Comp (SMC) which is a higher percentage of disability that is payable in certain instances, such as the condition that limits your mobility or requires ongoing help from others. You could also be eligible for TDIU which is a greater amount of disability which is paid when you are unable to perform your job at a level that is reasonable due to a condition that is related to your service.

A lawyer for veterans will also be able to help you determine if you're eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can help to navigate through three options for review in the event that your VA claim is denied, which includes seeking a higher-level decision or filing an appeal with the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans were only permitted to hire an attorney only after they had received a decision from the VA which they weren't pleased with (either denied or a less than a fully favorable Rating Decision). You can now hire an experienced NYC veteran lawyer to help you claim disability benefits as soon as you receive an unsatisfactory rating decision.

A good disability lawyer can describe the options available to review your decision, including the Supplemental Claim (SC), Higher-Level Review, or Board Appeal. You should avoid attorneys who don't limit their services to the law governing veterans disability or only take on a few cases at a time.

VA regulations allow attorneys to earn up to 20% of the retroactive benefit or award that they receive for you. This amount is typically directly to your attorney by the VA.

Your lawyer can help you obtain documentation and records from the VA as well as your doctor, hospitals, or even your employer. Your lawyer might also recommend an Medical Examiner or a Vocational expert to assist in your case. These experts' fees are not included in the fees of your attorney however, you must consider whether their services are worth it. Unless you are an extremely low-income vet, your attorney should not insist that you spend money on these experts.

Appeal

A veterans disability attorney can help you appeal the decision of the Department of Veterans Affairs. There are three types of appeals: Supplemental Claim, Higher-Level review or Board Appeal. Your attorney can advise you on which one to choose and work with you to gather the necessary evidence to submit.

There are strict deadlines to file VA disability claims at different stages. A single mistake can result in being denied. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by helping collect medical records, paperwork and a persuasive case to be considered for approval.

The appeals process to contest an appeal to the VA can be difficult and complicated. A veteran disability lawyer in New York can help you through the entire process, which includes hearings in a formal setting before a Veterans Law judge. This is the final phase of the appeals process. It can result in an adjustment to your disability rating, which determines the amount of disability compensation you'll receive.

If you're not happy after the hearing, you may appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a more intensive appeals procedure, and you'll need to wait a year from the date of your Ratings Decision to request this option.