Veterans Disability Attorneys

The monthly compensation the veteran receives is based on their disability rating. The rating can increase or decreases by 10% increments. A New York veterans disability lawyer can ensure that all documentation and applications are error-free and complete to increase your chances of receiving the highest possible rating.

A qualified veterans disability attorney can assist with filing a more complex appeal or review and can also request an official hearing and medical evidence like an IME or VE, as needed. Our initial consultations are always free.

Appeal

Your New York veterans disability lawyer will take an integrated approach to your appeal, whether you are contesting a denial or rating decision that is not in your favor. This will give you the most chance of winning your case. The VA appeals process is complicated and there are brief filing deadlines throughout the various stages. Our attorneys understand the nuances and nuances of each step and will be by your side, giving you personal attention during your case.

If a veteran disagrees with the decision by the judge, they may choose to file an additional claim. In this instance a senior reviewer will examine all of the evidence that you initially submitted to an opinion and veterans disability attorneys determine if they believe there was a mistake in your decision. Veterans may also request a personal hearing during this period.

If a veteran does not agree with the results of a Higher-Level Review he or she may appeal 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 judge to ensure all arguments and evidence are correctly presented and argued in front of the board member.

Higher-Level Reviews

Veterans who do not agree with an initial decision on their claim have three options available since February 2019. This is due to the VA Appeals Modernization Act. A Veteran could choose to go for a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will analyze the best option for each Veteran's particular situation.

Using the Higher-Level Review appeal allows the Veteran to request a new look at their case by an experienced VA Claims Adjudicator that did not take part in the initial decision. The Veteran may also request a private conference with the senior adjudicator to discuss their case.

In some instances there are instances where the VA could have erroneously denied an application for disability or under-rated a condition (grant 30 percent for PTSD when they should have given 50 percent). Sometimes the Veteran may have new evidence which was not taken into account in the original decision. Whatever the reason, it is important to consult with an experienced attorney guide the Veteran with the process.

The advocates at Berry Law Firm understand the aspects and nuances of the current VA appeals and claims procedures. They will ensure that your claim is compliant with all VA requirements for submission and that it is presented in an organized clear and Veterans Disability Attorneys concise way. They will also be able to escalate your claim to the Board of Veterans' Appeals, if necessary.

Legacy Reviews

The VA is currently trying to reduce the backlog of disability claims. The appeals process can be long and can take an average of 125 working days to receive an answer. It is essential to employ an attorney with experience in veterans disability law. They will guide you through the process and make sure your application meets the essential standards.

A skilled disability lawyer can provide you with options for requesting the decision review if you are dissatisfied with the initial decision that is taken on your claim. There are three options for a decision review: the Supplemental Claims Lane as well as the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your experienced disability lawyer will evaluate your case and determine the best route for your situation to increase your chances of a successful outcome.

In addition to ensuring that your appeals are in line with the VA's submission guidelines, your veterans disability attorney will also assist you in gathering and present the evidence required to prove your claim. This includes medical evidence, such as your medical documents, test results, and expert testimony. Your lawyer will examine the military credits to which you are entitled based upon your work and service history. This could affect your eligibility to receive the Social Security benefit or pension.

Medical Evidence

veterans disability lawsuits seeking disability benefits must have thorough medical evidence. A lawyer can help get you all relevant medical records, including those of the VA healthcare system. These could include MRIs, CT scans, and treatment notes. In addition, the attorney can help you request service records and social security records that are important for your claim. He can also ask the VA to send you to a doctor in order to undergo an C&P exam which is a requirement for an TDIU claim or PTSD claim.

If the VA refuses to grant you a disability claim, it is important to have enough medical evidence to support your appeal. An experienced attorney can provide the additional evidence that you require for your claim to be approved and obtain the rating you deserve.

You can also use lay statements, like letters from family members and friends members, to establish that your physical limitations have a significant impact on your daily life. You can also provide statements from your doctors, who can provide reasons why they believe your conditions are a result of your military service.

A reputable veterans disability attorney can help you fight to get tax-free disability benefits. He will relieve you of the stress and strain associated from dealing with the VA which allows you to concentrate on your recovery. In addition, he can take on the VA officials who treat you unfairly.