The amount of compensation the veteran receives is based on his or her disability rating. The rating is increased or decreases by 10% increments. A knowledgeable New York veterans disability attorney will ensure that your application and supporting documents are complete and error-free to maximize your chances of receiving the highest possible rating.
A qualified veterans disability attorney can assist with filing a higher-level review or appeal, as well as request a formal hearing and medical evidence such as an IME or VE or IME, if needed. Our initial case consultations are always free of cost.
Appeal
Whether you are appealing a flat-out denial or an unfavorable rating decision Your New York veterans disability benefits lawyer will employ a comprehensive approach to ensure you stand the best chance at winning your appeal. The VA appeals procedure is complex and there are strict deadlines for filing during various phases. Our lawyers will provide you with one-on-one assistance throughout your appeal. They are aware of the ins and outs of every step.
In cases where a veteran is not happy with the decision, he/she can seek a Supplemental Claim or Higher-Level Review of the decision. During this period a senior reviewer looks over all the evidence you submitted for a decision and determines whether there was a mistake. During this period, veterans can ask for a personal meeting.
If a veteran is not satisfied with the results of the Higher-Level review, they may move to the Board of Veterans Appeals. This is a more formal process in which a hearing is held before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a review officer and a judge to ensure that all of your evidence and arguments are well-argued and presented in front of the board member.
Higher-Level Reviews
Since February 2019, due to the VA Appeals Modernization Act – veterans disability lawsuit have three options when they disagree with the initial decision regarding their claim. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will determine which option is most appropriate for each Veteran’s situation.
Using the Higher-Level Review appeal, the Veteran to request a fresh look at their case by a knowledgeable VA Claims Adjudicator that did not take part in the initial decision. The Veteran can also request an informal meeting with the adjudicator who is the senior judge to discuss their case.
In some instances it is possible that 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 the Veteran has a seasoned attorney guide them through the procedure.
Berry Law Firm’s attorneys are knowledgeable about the VA’s current appeals and claims procedure. They will make sure that your claim meets all VA requirements for submission and that it is presented in an organized and concise way. If needed, they’ll escalate your claim to an appeals Board of Veterans’ Appeals.
Legacy Reviews
The VA is currently working to reduce its backlog of disability claims. However, the appeals process is still a lengthy process, and it takes an average of 125 calendar days to receive an answer after submitting your claim. This is why it is essential to employ a veteran disability lawyer who can assist you in navigating the system and ensure your claim is in line with the right standards.
If you’re not satisfied with the initial decision taken on your claim, a competent disability lawyer can help you determine your options. There are three options for decision review available which include the Supplemental Claim Lane The Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will assess your case and choose the most appropriate option for your situation to increase the likelihood of a successful result.
In addition, to ensure that your appeals are in line with the VA’s submission standards Your veteran disability attorney will also help you gather and present the evidence needed to be successful in your appeal. This includes medical evidence such as your medical records and test results. Your lawyer will also review the special military credits you are entitled to based on your service and work history. This can impact your eligibility for a Social Security benefit or pension.
Medical Evidence
A thorough medical record is essential for veterans seeking disability benefits. A lawyer can help get you all relevant medical records, including those from the VA healthcare system. These records could include MRIs and CT scans, as well as treatment notes. The attorney can also assist you in requesting service records and social security files that are vital to your claim. He can also request that the VA send you to a physician to conduct a C&P test that is a requirement for an TDIU or PTSD claim.
If the VA denies you a disability rating It is crucial to have medical evidence to appeal. An experienced lawyer can provide the additional evidence you require to be able to get your claim approved and obtain the rating you deserve.
He can use lay statements, such as letters from family and friends members, to help establish that your disabilities have significant effects on your daily routine. He may also submit medical documents from your physicians who can elaborate on how they believe your ailments are connected to your military service.
A reputable veterans disability lawyer can assist you to fight for the right to recover tax-free disability benefits. He can help you get rid of the stress and anxiety associated when dealing with the VA, allowing to focus on your recovery. He can also speak up to VA officials who treat you unfairly.
