Veterans Disability Attorneys
The monthly amount received by veterans is based on his or her disability rating. This rating increases or decreases by 10% increments. An experienced New York veterans disability attorney will ensure that your application and all supporting documents are accurate and error-free to improve your chances of getting the highest possible rating.
A qualified veterans disability attorney can also assist in filing a higher-level review or appeal, as well as request an official hearing and medical evidence such as an IME or VE, as needed. Our initial case consultations are always free of cost.
Appeals
Whether you are contesting a flat-out denial or an unfavorable rating decision, your 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 complex and there are short deadlines for filing during various phases. Our attorneys will provide you with one-on-one assistance throughout your case. They know the ins-and-outs of each step.
In cases where a veteran is not happy with the decision, he or she may choose to seek a Supplemental Claim or Higher-Level Review of the decision. During this period, a senior reviewer examines all the evidence submitted for a decision in order to determine if there was an error. During this time, a veteran may request a private meeting.
If a veteran doesn’t accept the findings of a Higher Level Review, he or she may appeal to the Board of Veterans Appeals. This is a formal procedure that includes hearings before the Board of Veterans Appeals. During this time, your New York veteran disability benefits attorney will work with the decision review officer as well as a judge to ensure all of your evidence is presented and presented in a manner that is appropriate before a member of the board.
Higher-Level Reviews
Since February 2019, due to the VA Appeals Modernization Act – Veterans have three options when they disagree with the initial decision on their claim. Veterans can choose to go for a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will determine which option is most appropriate for each Veteran’s unique situation.
The Veteran may request a higher-level review by a VA Claims adjudicator who was not involved in the decision making process. The Veteran can also request a meeting with the adjudicator who is the senior judge to discuss their case.
In some cases, the VA may have incorrectly denied a disability claim or under-rated the severity of a condition (grant 30 percent of PTSD when they should have given 50 percent). Sometimes the Veteran might have evidence that was not taken into account in the original decision. It is imperative that the Veteran has a knowledgeable attorney to guide them through this procedure.
The advocates at Berry Law Firm understand the specifics of the current VA appeals and claims processes. They will ensure that your claim is in line with the submission standards required by the VA and that your claim is presented in a clear and comprehensive manner. They will also be able to take your case to the Board of Veterans’ Appeals should it be necessary.
Legacy Reviews
VA is working to reduce the number of disability claimants. The appeals process can be lengthy and can take an average of 125 working days to receive the final decision. This is why it’s essential to employ a veterans disability attorney who can guide you through the system and ensure your claim is in line with the right standards.
A skilled disability lawyer can provide you with options for requesting an appeal in the event that you are dissatisfied with the initial decision that is made regarding your claim. There are three decision review options available which include the Supplemental Claim Lane, the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your experienced disability lawyer will analyze your case and choose the best option for your specific circumstances, thereby increasing your chances of a successful outcome.
In addition to ensuring your appeals are in line with the VA’s submission guidelines, your veterans disability attorney will also assist you in gathering and present the evidence you need to support your appeal. This includes medical evidence like your medical records and test results. Your lawyer will analyze the military credits to which you are eligible based on your work and service history. This could affect your eligibility to receive the Social Security benefit or pension.
Medical Evidence
Veterans seeking disability benefits should have complete medical evidence. A lawyer can help get you all relevant medical records, including those of the VA healthcare system. These may include MRIs, CT scans, and treatment notes. Attorneys can also help you obtain important documents like social security records and service documents that are relevant to your claim. The attorney can also request the VA to send you to a doctor for an C&P examination, which is a prerequisite for a TDIU claim or PTSD claim.
It is crucial to have the right medical evidence if the VA refuses to grant you a disability rating. A knowledgeable attorney will be able to provide you with the additional evidence required to be able to get your claim endorsed and get the credit you deserve.
He can use statements from individuals who are not professionals, such as letters written by family members and friends to prove that your disability is having a an impact on your life. You can also provide statements from your doctors, who can provide reasons the reasons they believe your condition are a result of your military service.
A skilled Veterans disability, https://m1bar.com/, lawyer can assist you to fight to claim tax-free disability benefits. He can relieve the stress and burden of dealing with the VA off your shoulders, allowing you to focus on improving your condition. In addition, he could take on the VA officials who treat you unfairly.
