Veterans Disability Attorneys

The amount of monthly compensation that the 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 all supporting documents are accurate and error-free to improve your chances of receiving the highest possible rating.

A qualified veterans disability attorney can also assist in filing a higher-level review or appeal as well as requesting an official hearing and medical evidence, such as an IME or VE when needed. Our initial consultations for cases are always free of cost.

Appeal

If you're appealing a flat-out rejection or a rating decision that is unfavorable the New York veterans disability benefits lawyer will follow an entire approach to make sure you have the best chance at winning your case. The VA appeals process is complex and there are a few filing deadlines throughout the various stages. Our attorneys can provide you with one-on-1 assistance throughout the process. They are aware of the ins and outs of every step.

If a veteran is dissatisfied with a decision by the judge, they can file an additional claim. During this period an experienced reviewer reviews every piece of evidence you have submitted for a decision, and decides whether there was an error. During this time, veterans may request a personal meeting.

If a veteran is not satisfied with the outcome of the Higher-Level Review he or she can move on to the Board of Veterans Appeals. This is a formal process which involves an appearance before the Board of Veterans Appeals. Your New York veteran disability attorney will collaborate with a decision review officer and judge to ensure all your arguments and evidence are properly correctly presented and argued in front of the board member.

Higher-Level Reviews

Veterans who disagree with the initial decision made on their claim have three options available since February 2019. This is due to the VA Appeals Modernization Act. A Veteran can opt to go for a Higher Level Review, a Supplemental Claim, or a Board Appeal. Berry Law Firm will determine the best option for each Veteran's unique situation.

Using the Higher-Level Review appeal permits the Veteran to request a fresh look at their case by an experienced VA Claims Adjudicator who didn't participate in the original decision. The Veteran can also request an informal conference with the senior adjudicator to discuss their case.

In some cases there are instances where the VA could have erroneously denied a disability claim or under-rated the severity of a condition (grant 30 percent for PTSD when they should have awarded 50 percent). In other instances the Veteran might have evidence that the original decision didn't take into consideration. It is important that Veterans have an experienced lawyer to guide them through the process.

The lawyers at Berry Law Firm understand the aspects and nuances of the current VA appeals and claims procedures. They will make sure that your claim meets the requirements for submission by the VA and that your case is presented in a clear, comprehensive manner. If needed, they'll escalate your claim to a Board of Veterans' Appeals.

Legacy Reviews

The VA is currently trying to reduce the backlog of disability claims. The appeals process can be very long, and it could take an average of 150 working days before receiving the final decision. This is why it's crucial to work with a veterans disability attorney who can guide you through the process and make sure that your application meets the required standards.

If you aren't satisfied with the initial decision taken on your claim, a skilled disability lawyer can assist you to decide on your options. There are three options for decision review available that you can choose from: the Supplemental Claim Lane or the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your experienced disability lawyer will assess your case and decide on the best route for your circumstances to increase your chances of a positive result.

In addition to making sure that your appeals meet the VA's submission criteria, your veterans disability attorney will also assist you to gather and present the evidence required to be successful in your claim. This includes medical evidence such as your medical records and test results. Your lawyer will review the military credits to which you are entitled based on your employment and service record. This could affect your eligibility for pension or Social Security benefits.

Medical Evidence

The need for thorough medical evidence is crucial to veterans who are seeking disability benefits. A lawyer can help get you all relevant medical documents, including those from the VA healthcare system. These records could include MRIs and CT scans as well as treatment notes. Additionally, an attorney can help you request service records and social security documents that are vital to your claim. He can also request that the VA send you to a physician to conduct an C&P test that is a requirement for the filing of a TDIU or PTSD claim.

If the VA denies you a disability rating, it is important to have enough medical evidence to make an appeal. An experienced lawyer will be able to provide you with the additional evidence you need to have your claim approved and get the rating you deserve.

He can make use of statements from non-professionals, like letters written by family and friends to prove that your disabilities are having significant effects on you. He may also submit medical reports from your doctors who can elaborate on how they believe your ailments are a result of your military service.

A good veterans disability lawyer can assist you to fight to get tax-free disability benefits. He can ease the stress and strain that comes when dealing with the VA which allows you to concentrate on your recovery. In addition, he could protest against the VA officials who treat you unfairly.