Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may wish to consult an attorney. While the law prohibits lawyers from charging for assistance with filing a first claim, they are able to charge for assistance with appeals for veterans.

A VA disability lawyer with experience is familiar with all kinds of hearings that are part of the appeals process for veterans. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings, and Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability lawsuit disability attorney concentrates on representing clients who have disabilities due to military service. They will review your medical records to determine your potential eligibility for veterans disability benefits. This includes the monthly allowance for medical expenses and a compensation that is tax-free. The amount of your benefits is determined by your disability rating. Other circumstances could make you eligible for additional benefits. These benefits may include additional 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 difficult to navigate, especially when deciding what injuries to claim, what information to submit as part of your application, or when to appeal. The presence of a VA-certified disability lawyer to help you through the process reduces stress and makes the process more efficient. They will handle all communications with the VA and provide legal assistance during each step of your claim.

Find a veteran's disabilities lawyer in New York who is VA-accredited and has been practicing veterans' law for a period of time. Also, ensure that they have a good local reputation and are a good member of their New York bar associations. If you want to appeal a VA disability denial decision or veterans disability low rating decision before the Court of Appeals for Veterans Claims, you will need an attorney who has been admitted to practice in that court.

Experience

Veterans who have suffered injuries or ill as a result of their military service might be eligible for tax free disability benefits. However, the process can be complex and daunting, and it is crucial to consult a New Jersey veterans disability lawyer who understands the nuances of VA law. A competent attorney can guide you through the application process as well as gather and compile all the necessary documents, and make sure that they are filed on time.

A veteran disability lawyer can assist you understand the worth of your claim. The amount of benefits you will receive depends on the severity the illness or injury you suffer and how it impacts your daily routine. Depending on your circumstances you could be eligible for Special Monthly Comp (SMC) which is a higher percentage of disability that is paid in certain cases like when your condition affects your mobility or requires continuous assistance from others. You may also qualify for TDIU. This is a higher rate disability that is paid out if you are unable to work at a reasonable rate because of a condition related to your service.

A skilled veterans disability lawyer can provide you with information on whether you may be eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can help you navigate three different options for review in the event that your VA claim is denied, which includes requesting a higher-level decision or filing an appeal in the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans were only allowed to hire an attorney only after they had received a decision from the VA which they weren't pleased with (either the denial or less than fully favorable Rating Decision). Now you can employ an experienced NYC veteran disability lawyer in the event of an unfavorable rating decision.

A reputable disability lawyer can describe the options available to review your decision including the Supplemental Claim (SC), Higher-Level Review, or Board Appeal. Avoid lawyers who aren't specialized in veterans disability law, or take on only a few cases.

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

Your lawyer can assist you obtain records and documentation from the VA as well as your doctor, hospitals, or your employer. Your lawyer will also recommend hiring a Medical Examiner and a Vocational Expert to assist with your case. The fees of these experts are not included in your attorney's fee but you should consider whether their services are worth it. Unless you are a vet with a low income, your attorney should not oblige you to pay for these experts.

Appeals

A disability attorney for veterans can assist you in appealing the decision of the Department of Veterans Affairs. There are three types of appeals: a Supplemental Claim, Higher-Level Review or Board Appeal. Your lawyer can guide you on which to choose and work with you to gather the evidence you need to submit.

There are strict deadlines to file VA disability claims at various stages. Any mistake could result in being denied. A Morgan & Morgan veterans' disability lawyer can lift the burden from your shoulders, helping collect medical records and paperwork, write a compelling argument to get approval, and make sure that all forms are completed correctly.

The appeal process for appealing a decision of the VA can be lengthy and complex. A veteran disability lawyer in New York can help you through the entire process, which includes a formal hearing before a Veterans Law judge. This is the final step in the appeals process. It could result in an adjustment to your disability status, which will determine how much disability compensation you are entitled to.

If you're not happy after the hearing, you can appeal to the Board of Veterans Appeals, located in Washington, D.C. This is an intensive appeals procedure, and you must make it within one year of the date of your Ratings Decision.