Veterans Disability Attorneys
The monthly monetary allowance for veterans is based on their disability rating, which can increase or decreases in 10-percent increments. A knowledgeable New York veterans disability attorney can ensure that your application and all supporting documents are completed and error-free, which will increase your chances of getting the best possible rating.
A qualified veterans disability attorney can also assist with filing a higher-level appeal or review and request a formal hearing and medical evidence like an IME or VE, as needed. Initial consultations are complimentary.
Appeal
If you’re contesting a flat-out denial or a rating decision that is unfavorable the New York veterans disability benefits lawyer will take a comprehensive approach to ensure you have the best chance of winning your case. The VA appeals process is complicated and there are a variety of short deadlines at various stages. Our lawyers can provide you with one-on-1 assistance throughout your case. They know the ins-and-outs of every step.
In cases where a veteran is not happy with a decision, he or she may choose to make a Supplemental Claim or Higher-Level Review of the decision. In this case an experienced reviewer will evaluate all of the evidence that you submitted originally for an opinion and determine whether they believe there was an error in your decision. During this period, veterans can ask for a personal meeting.
If a veteran does accept the findings of a Higher-Level Review he or she can appeal to the Board of Veterans Appeals. This is a formal process that involves a hearing before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a review officer and judge to ensure that all of your arguments and evidence are correctly presented and argued in front of the board member.
Higher-Level Reviews
veterans disability lawyer who are dissatisfied with their initial decision regarding their claim have three options since February 2019. This is due to the VA Appeals Modernization Act. Veterans have the option of a Higher Level Review or a Board Appeal. Berry Law Firm will determine the most appropriate option for each Veteran’s situation.
Using the Higher-Level Review appeal allows the Veteran to request a fresh review of their case with an experienced VA Claims Adjudicator who did not participate in the original decision. The Veteran may also request a meeting 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 instead of 50 percent). Sometimes, the Veteran may have new evidence that was not taken into account in the original decision. It is important that Veterans have an experienced attorney to guide them through this 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 is compliant with all VA submission requirements and that it is presented in a well-organized and concise manner. If needed, they’ll 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 still lengthy and takes an average of 125 days for a decision following the submission of your claim. This is why it is crucial to work with a veterans disability attorney who can assist you with the system and ensure your application is in line with the proper standards.
A qualified disability lawyer can advise you on your options for requesting an appeal if you are dissatisfied with the initial decision that is taken on your claim. There are three options for an appeals process one of which is the Supplemental Claims Lane, the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your experienced disability lawyer will analyze your case and choose the best option for your situation to increase the likelihood of a successful outcome.
In addition to making sure that your appeals are in line with the VA’s submission criteria, your veterans disability attorney will also assist you to gather and present the evidence you need for success in your claim. This includes medical evidence, such as your medical records and test results. Your lawyer will also consider the special military credits you are entitled to in relation to your work and service history. This can affect your eligibility for pension or Social Security benefits.
Medical Evidence
Veterans who are seeking disability benefits must present complete medical evidence. An attorney can help you gather all the relevant medical records from private sources and also those from the VA healthcare system. These could include MRIs, CT scans, and treatment notes. The attorney can also help you obtain important documents like social security records and service records that pertain to your claim. He can also ask the VA to send you to a physician to conduct an C&P exam, which is a prerequisite for a TDIU claim or PTSD claim.
It is essential to have enough medical evidence if the VA denies your claim for the disability rating. A knowledgeable attorney can provide you with the additional evidence needed to have your claim approved and get the credit you deserve.
He can use lay statements, like letters from family members and friends members, to demonstrate that your disability has an impact on your daily activities. He could also submit statements from your doctors, who can provide reasons the reasons they believe your condition are related to your military service.
A reputable veteran’s disability attorney can help you fight for tax-free benefits. He can relieve the stress and burden of dealing with the VA off your shoulders so that you can concentrate on improving your condition. He can also stand up to VA officials who are unfairly treating you.
