Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may want to engage a lawyer. Although current law prohibits lawyers from charging for assistance with filing a first claim, they are able to charge to assist with the appeal process for veterans.

A VA disability lawyer who has experience is familiar with the various types of hearings part of the veterans’ appeals process. These include hearings by the Board of Veterans’ Appeals, the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability lawyer concentrates on representing clients suffering from disabilities that stem from military service. They will examine your medical records to determine your eligibility for benefits. This includes an annual allowance that is tax-free to pay for healthcare and compensation. The amount you receive is determined by the disability rating. Other circumstances could allow you to receive additional benefits. These benefits could include additional compensation for a specific disability or “aid-and-attendance” for your spouse if you are a disabled veteran and need assistance with daily activities.

The VA is a huge bureaucracy. It can be frustrating to navigate, especially when deciding what injuries to claim, what information to submit as part of your application, or how to file an appellation. The presence of a VA-certified disability lawyer to help you through the process can make it easier and more efficient. They can handle all communications with the VA and provide legal assistance during each step of your claim.

When selecting a New York veterans disability lawyer Choose a lawyer that is recognized by the VA and has been practicing veterans law for quite a long time. You should also be sure they have a great reputation within the local community and are in good standing with their New York bar association. If you want to appeal an appeal of a VA disability denial decision or low rating decision before the Court of Appeals for Veterans Claims in New York, you’ll require an attorney who is admitted to practice in that court.

Experience

Veterans who have been injured or ill-advised as a result of their military service could be eligible for tax free disability benefits. However the process is complicated and overwhelming, so it is essential to consult an experienced New Jersey veterans disability lawyer who is familiar with the nuances of VA law. A skilled attorney can guide you through the process, and compile and gather all required documents and ensure that they’re submitted on schedule.

A knowledgeable veteran disability attorney can help you understand the potential benefits of your case. The amount of benefits you receive is determined by the severity of your illness or injury and the way it affects your daily life. Based on your situation you could be eligible for Special Monthly Payment (SMC) which is a greater amount of disability paid in certain cases like when your condition affects your mobility or requires ongoing help from others. You may also be eligible for TDIU. This is a higher rate disability that is paid when you are unable to work at a reasonable rate because of your service-related condition.

A knowledgeable veterans disability lawyer can also provide you with information on whether you may be eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can also help you navigate the three different options available to you if the VA is unable to approve your claim, such as request an administrative or a higher-level decision review or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007 veterans could only engage an attorney if they were not satisfied with the VA decision (either denial or a less fully favorable rating decision). Now, you can hire an experienced NYC veteran disability lawyer in the event of an unfavorable rating decision.

A good disability lawyer will be able to describe the options available for reviewing your decision including an Supplemental Claim, Higher-Level Review or Board Appeal. Avoid attorneys who aren’t experts in the field of veterans disability law or who only handle a few cases.

VA regulations permit attorneys to charge up to 20 percent of retroactive benefit or award that they win for you. This amount is typically directly to your attorney by the VA.

Your lawyer can help you get documentation and records from the VA or your doctor, hospitals, or employer. Your lawyer may also suggest obtaining a Medical Examiner and a Vocational Expert to assist with your case. The cost of these experts’ services isn’t included in the attorney’s fees, however you should think about whether the cost of their services is worth it. Unless you are a vet with a low income your lawyer shouldn’t be adamant about having you spend money on these experts.

Appeals

A veterans disability lawyer can help you appeal a decision of the Department of Veterans Affairs. There are three kinds of appeals – the Board Appeal, a Higher-Level Review, and a Supplemental Claims. Your attorney can advise you on which appeal to select and assist you to gather the necessary evidence to present.

During the VA disability claims process, there are strict deadlines for filing at various levels and any minor discrepancy can lead to the denial. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by helping you obtain medical records, documents and even write a convincing case for approval.

The appeal process for a decision made by the VA can be lengthy and confusing. A knowledgeable New York veteran disability lawyer can assist you throughout the entire process which includes an official hearing before an Veterans Law Judge. This is the last step of the appeals process. It could result in changes to your disability rating, which determines the amount of disability compensation you’ll receive.

If you’re still not satisfied after the hearing, you can appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a more extensive appeals procedure, and you have to wait one year from the date of your Ratings Decision to request this option.

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