Veterans Disability Attorneys

The monthly amount a veteran receives is based on their disability rating. The rating increases or decreases by 10% increments. A knowledgeable New York veterans disability attorney will help ensure that your application and supporting documents are complete and veterans disability lawyer error-free to increase your chances of receiving the most favorable rating.

A veterans disability lawyer can also assist with filing a more thorough appeal or review as well as seeking a formal hearing and medical evidence like a VE or IME, if needed. Initial consultations are complimentary.

Appeal

Your New York veterans disability lawyer will apply a comprehensive approach to your appeal, no matter if you are appealing a denial or rating decision that is not favorable. This will give you the most chance of winning your case. The VA appeals process is complicated and there are numerous deadlines for appeals at various stages. Our attorneys will provide one-on-one assistance throughout the process. They are knowledgeable of each step.

If a veteran does not agree with the decision, he/she can take a Supplemental Claim, or Higher-Level Review of the decision. In this case the senior reviewer will examine all of the evidence that you presented originally to make the decision and determine whether they believe there was an error in your decision. During this time, veterans may request a private meeting.

If a veteran is not satisfied with the outcome of the Higher-Level Review, they can move to the Board of Veterans Appeals. This is a formal procedure that involves hearings before the Board of Veterans Appeals. During this time your New York veteran disability benefits attorney will work with the decision reviewer and a judge to ensure that all of your evidence is presented and argued appropriately before the board member.

Higher-Level Reviews

Since February 2019, thanks to the VA Appeals Modernization Act - Veterans now have three options when they do not agree with the initial decision on their claim. Veterans have the option of a Higher Level Review or a Board Appeal. Berry Law Firm will determine the best option for each Veteran's particular situation.

The Veteran can ask for a higher-level review by a VA Claims adjudicator that was not involved in the original decision. The Veteran can also request a private conference with the adjudicator of the highest rank in order to discuss their case.

In certain cases, VA may have incorrectly denied an application for disability or under-rated a medical issue (granted 30 percent when they should have awarded 50 percent). Sometimes it is possible that the Veteran might have new evidence that the initial decision didn't take into consideration. It is crucial that the Veteran has a knowledgeable attorney to guide them through the procedure.

The lawyers at Berry Law Firm understand the details of the current VA appeals and claims procedures. They will ensure that your claim meets all VA submission requirements and that it is presented in a structured, clear way. If necessary, they will escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

The VA is currently trying to reduce the backlog of disability claims. However, the appeals process is nonetheless a lengthy one, and it takes an average of 125 days to receive the decision following the filing of your claim. It is essential to choose an attorney with experience in veterans disability law. They can guide you through the process and ensure that your application meets all the essential standards.

If you're not satisfied with the initial decision made on your claim, a knowledgeable disability lawyer can help you determine your options. There are three decision review options available that you can choose from: the Supplemental Claim Lane, the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will review your case and determine the best solution for your circumstances to increase the chances of a favorable result.

In addition to ensuring that your appeals meet the VA's submission criteria, your veterans disability attorney will also assist you to gather and present the evidence needed to prove your appeal. This includes medical evidence, such as your medical documents and veterans disability lawyer test results. Your lawyer will analyze the military credits to which you are eligible based on your work and service record. This can affect your eligibility for pension or Social Security benefits.

Medical Evidence

Medical evidence that is thorough is essential for veterans who seek disability benefits. A lawyer can help get you all relevant medical records, including those of the VA healthcare system. They could include MRIs, CT scans, and treatment notes. Attorneys can also assist to request important documents, such as social security records and service records that pertain to your claim. He can also request that the VA send you to a doctor for C&P tests. C&P exam which is required for an TDIU or PTSD claim.

It is essential to have a sufficient medical proof if the VA denies your claim for the disability rating. An experienced attorney can provide the additional evidence that you require to be able to get your claim approved and obtain the rating you deserve.

He can make use of statements from people who are not in the military, for example letters from family members and friends, to establish that your disabilities are having significant effects on you. You can also submit medical reports from your doctors who can provide evidence of how they believe that your medical conditions are related to your military service.

A good veteran's disability attorney can help you fight for your right to tax-free benefits. He can ease the stress and strain associated with dealing with the VA so that you can focus on your recovery. He can also stand up to VA officials who are treating you unfairly.