Veterans Disability Lawyers

If a veteran in New York has a problem with their VA disability rating, they may need to hire an attorney. Although the law currently prohibits lawyers from charging fees for assistance in filing an initial claim, they can charge to help with a veterans' appeal.

An experienced VA disability lawyer is familiar with all types of hearings in the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings, and Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability attorney concentrates on representing clients who suffer from disabilities resulting from military service. They will look over your medical records to determine your eligibility for benefits. This includes a monthly allowance that's tax-free for compensation and care. The amount of the benefit is determined by your disability rating and there are other conditions which could qualify you for additional benefits. These benefits could include 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, particularly when you are deciding on the type of injury to claim, which information to submit with your application, and how to file an appellation. A disability lawyer who is certified by the VA can help make the process easier and more efficient. They can handle all communication with the VA and offer legal advice throughout the entire process of your claim.

When you are choosing a New York veterans disability lawyer, look for someone who is recognized by the VA and has been practicing law for veterans for several years. Also, make sure that they have a positive local reputation and are a good member of their New York bar associations. In addition, if you're appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) You'll need an attorney who is legally licensed to practice before that court.

Experience

Veterans have been injured or sick due to their military service and may be qualified for tax-free disability benefits. However, the process can be complex and daunting, and it is important to work with an experienced New Jersey veterans disability lawyer who is familiar with the nuances of VA law. A competent attorney can guide you through the application process as well as gather and compile all the required documents, and ensure that they are filed on time.

A veteran disability lawyer can assist you understand the importance of your claim. The amount of benefits you will receive is contingent on the severity of your injury or illness and how it impacts your daily routine. In the event of a medical condition you could be qualified for Special Monthly Compensation (SMC) which is a greater rate of disability that is paid in certain cases, such as when your condition restricts your mobility or requires constant assistance from others. You may also qualify for TDIU. This is a higher-rate disability which is paid when you are unable work at a reasonable level as a result of your condition that is related to service.

A veterans disability lawyer will also be able to advise you if you are eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can help find three options to review if your VA claim is denied, including the option of requesting a more formal decision or filing an appeal at the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007 veterans disability law firm could only engage an attorney in the event of not being satisfied with an VA decision (either denial or a less completely favorable rating decision). You can now engage an experienced NYC veteran lawyer for disability claims as soon as you get an unsatisfactory rating decision.

A reputable disability lawyer will be able to explain the options available to review your decision including the Supplemental Claim (SC), Higher-Level Review or Board Appeal. Avoid lawyers who do not specialize in the field of veterans disability law or take on only one or two cases.

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

Your lawyer can assist you obtain records and documentation from the VA and your doctor hospitals, or veterans disability lawyers employer. Your lawyer may also suggest obtaining a Medical Examiner and a Vocational Expert to assist you in your case. These experts' fees are not included in your attorney's fee however, you should be evaluating whether their services are worth the cost. Your lawyer shouldn't make you feel that you are obligated to pay for these experts unless you are an individual with a low income.

Appeal

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

There are strict deadlines for filing VA disability claims at various stages. Any mistake could result in an denial. A Morgan & Morgan veterans' disability lawyer can ease the burden off your shoulders by helping you gather medical records and other documents, and write an effective argument for approval and make sure that all forms are filled in correctly.

The appeal process for the VA can be long and complex. A veteran disability lawyer in New York can help you through the entire process, including an in-person hearing before an Veterans Law judge. This is the last step of the appeals process. It can result in a change to your disability rating, which will determine how much disability compensation you'll receive.

If you're not satisfied after the hearing, you may 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.