Veterans Disability Attorneys

The amount of compensation an individual veteran receives is contingent on their disability rating. The rating is increased or decreases by 10% increments. An experienced New York veterans disability attorney will ensure that your application and supporting documents are complete and error-free to improve your chances of receiving the best possible rating.

A qualified veterans disability attorney can also assist with filing a more complex appeal or review and request an official hearing and medical evidence such as an IME or VE or IME, if needed. Initial consultations with us are always free of cost.

Appeal

Whether you are trying to appeal a flat-out denial, or a negative rating decision or a rating decision that you are not happy with, your New York veterans disability benefits lawyer will employ an entire approach to make sure you stand the best chance of winning your case. The VA appeals procedure is a bit complicated, and there are many deadlines that are short at different stages. Our attorneys will provide one-on-one assistance throughout your appeal. They know the ins-and-outs of every step.

If a veteran disagrees with a decision taken the veteran can submit a Supplemental Claim. During this time a senior reviewer looks over all the evidence you submitted for a decision and determines if there was an error. A veteran can also request a personal hearing during this period.

If a veteran isn't satisfied with the outcome of the Higher-Level review, the veteran can go on to the Board of Veterans Appeals. This is a more formal procedure in which a hearing is held before the Board of Veterans Appeals. During this time your New York veteran disability benefits attorney will work with the decision review officer and judge to ensure that all of your evidence is presented and presented in a manner that is appropriate before the board member.

Higher-Level Reviews

Since February 2019, due to the VA Appeals Modernization Act - Veterans now have three options when they disagree with the original decision on their claim. A Veteran could choose to go for a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is best for each Veteran's particular situation.

The Veteran may request a higher-level review by an VA Claims adjudicator not involved in the decision making process. The Veteran can also request an informal conference with the senior adjudicator to discuss their case.

In some cases, VA may have incorrectly denied an claim for disability, or under-rated a medical condition (granted 30 percent when they should have awarded 50 percent). Sometimes, the Veteran might have evidence which was not considered in the initial decision. It is essential that a Veteran has an experienced attorney to guide them through the process.

The attorneys at Berry Law Firm understand the aspects and nuances of the current VA claims and appeals processes. They will ensure that your claim meets all VA submission requirements and that it is presented in a well-organized and concise way. If needed, they'll escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

VA is trying to reduce the number of disability claimants. However the appeals process nonetheless a lengthy one, and it takes an average of 125 calendar days to receive a decision following the submission of your claim. This is why it's crucial to work with a veterans disability attorney who can help you navigate the system and ensure that your application meets the required standards.

If you're not happy with the initial decision made on your claim, a skilled disability lawyer can help you identify your options. There are three options to seek an appeals process that you can choose from: 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 assess your case and choose the best option for your circumstances to increase the likelihood of a successful outcome.

In addition to making sure that your appeals meet the VA's submission requirements, your veterans disability attorney will also assist you in gathering and present the evidence you need for success in your claim. This includes medical evidence, like your medical documents and test results. Your lawyer will also examine the special military credits you are entitled to based on your work and service history. This can impact your eligibility to receive a Social Security benefit or pension.

Medical Evidence

The need for thorough medical evidence is crucial for veterans seeking disability benefits. An attorney can assist in getting you all relevant medical documents, including those from the VA healthcare system. These may include MRIs, CT scans, and treatment notes. Attorneys can also help you request important documents, such as social security records and service records that are relevant to your claim. The attorney can also request the VA to send you to a physician in order to have an C&P examination which is required for an TDIU claim or PTSD claim.

It is vital to have enough medical evidence if the VA refuses to grant you an impairment rating. A knowledgeable attorney can provide you with the additional evidence required to get your claim accepted and get the rating you deserve.

He can also use statements from individuals who are not professionals, such as letters from family members and friends to prove that your disability is having a significant effects on you. He can also present statements from your doctor, who will explain why they believe that your disabilities are a result of 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 so that you can concentrate on getting better. He can also stand up to VA officials who treat you unfairly.