Veterans Disability Attorneys

The monthly monetary compensation for veterans is determined by their disability rating, which can increase or decreases in 10-percent increments. An experienced New York veterans disability attorney will ensure that your application and supporting documents are correct and error-free to increase your chances of receiving the highest possible rating.

A qualified veteran’s disability attorney can assist in filing a higher-level appeal or review as well as requesting a formal hearing and medical evidence, such as an IME or VE when needed. Our initial consultations are always free of cost.

Appeal

If you’re appealing a flat-out denial or a negative rating decision, your New York veterans disability benefits lawyer will follow a comprehensive approach to ensure you have the best chance of winning your appeal. The VA appeals procedure is complex and has many small deadlines at different stages. Our lawyers are familiar with the nuances and nuances of each step and will be at your side to provide one-on-one focus during your appeal.

If a veteran is dissatisfied with the decision then he or she may choose to file an additional claim. During this time, a senior reviewer will scrutinize all of the evidence that you initially submitted to a decision and will see if they believe there was an error in your decision. Veterans may also request a private hearing during this period.

If a veteran isn’t satisfied with the results of the Higher-Level Reviews, they may move on to the Board of Veterans Appeals. This is a more formal process where a hearing occurs before the Board of Veterans Appeals. During this period your New York veteran disability benefits attorney will collaborate with the decision review officer as well as a judge to ensure all of your evidence is properly presented and argued appropriately before a board member.

Higher-Level Reviews

Since February 2019 – due to the VA Appeals Modernization Act – veterans disability law firm now have three options when they disagree with the initial decision on their claim. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will determine which option is best for each Veteran’s specific situation.

The Higher-Level Review appeal, the Veteran to request a new look at their case by a seasoned VA Claims Adjudicator that did not participate in the original decision. The Veteran may also request a confidential discussion with the adjudicator who is the senior in order to discuss their case.

In certain cases, the VA may have incorrectly denied an appeal for disability or under-rated a condition (grant 30 percent of PTSD when they should have awarded 50 percent). In other instances it is possible that the Veteran may have evidence that the original decision didn’t take into account. It is important that the Veteran has a seasoned attorney to guide them through the procedure.

Berry Law Firm’s lawyers are knowledgeable about the VA’s current claims and appeals process. They will make sure that your claim is in line with the requirements for submission by the VA and that your case is presented in a clear, complete manner. They will also be able to take your case to the Board of Veterans’ Appeals, if necessary.

Legacy Reviews

The VA is currently working to reduce its backlog of disability claims. However, the appeals process is nonetheless a lengthy one and takes an average of 125 days for a decision following the submission of your claim. It is essential to employ an attorney who has experience in the field of veterans disability law. They can guide you through the process and ensure that your claim is compliant with all necessary standards.

A knowledgeable disability lawyer can help you determine your options for seeking an appeal in the event that you are unsatisfied with the initial decision that is made on your claim. There are three decision review options available to you: the Supplemental Claim Lane or the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability attorney will review your case to determine which option is the best choice for your specific circumstances and will increase the chance of a positive outcome.

Your veterans disability attorney will help you gather the evidence needed to prove your claim. This includes medical evidence, like your medical documents and test results. Your lawyer will also consider the military special credits you are entitled to depending on your work experience and service. This could affect your eligibility for a Social Security benefit or pension.

Medical Evidence

Thorough medical evidence is critical for veterans seeking disability benefits. A lawyer can assist you get all the relevant medical records in your private medical file, as well as those from the VA healthcare system. They could include MRIs, CT scans, and treatment notes. Attorneys can also help you obtain important documents, such as social security records and service records that relate to your claim. He can also request that the VA send you to a doctor to conduct an C&P examination, which is a requirement for an TDIU or PTSD claim.

It is vital to have the right medical evidence if the VA denies your claim for the disability rating. An experienced lawyer can provide you with the additional evidence required to get your claim accepted and get the rating you deserve.

He can also use statements from people who are not in the military, for example letters written by family members and friends, to establish that your physical disabilities are having a significant impact on you. He can also present statements from your doctor, who can explain the reasons they believe your condition are a result of your military service.

A good veterans disability lawyer can help you fight to claim tax-free disability benefits. He can take the burden and strain of dealing with the VA off your shoulders and let you concentrate on improving your condition. He can also speak up to VA officials who treat you unfairly.

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