Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may wish to retain an attorney. While the law prohibits lawyers from charging for assistance in filing an initial claim, they can charge for assistance with a veterans' appeal.

A seasoned VA disability lawyer is familiar with all types of hearings that are part of the veterans disability lawsuits' appeals process. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings, and Court of Appeals for Veterans Claims hearings.

Qualifications

A veteran's disability lawyer concentrates on representing clients suffering from disabilities resulting from military service. They review your medical records to determine your eligibility for benefits, including a monthly allowance for care as well as compensation that is tax-free. The amount you will receive is determined by your disability rating. Other situations may qualify you for extra benefits. These benefits could include compensation for a specific disability or "aid-and-attendance" for your spouse if you are a disabled veteran and need assistance with your daily activities.

The VA is a big bureaucracy, and it could be frustrating to navigate the process, especially when making decisions about what is a valid claim for injuries, how to file an appeal or what information to include with your application. A VA-certified disability attorney to assist with the process can make it easier and more efficient. They can handle all communications with the VA and provide legal advice throughout the entire process of your claim.

When selecting a New York veterans disability lawyer, look for someone who is certified by the VA and has been practicing veterans law for a long time. Also, make sure that they have a good local reputation and are in good standing in their New York bar associations. If you're contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) in New York, you'll require an attorney authorized to practice before this court.

Experience

Veterans who have suffered injuries or illnesses as a result of their military service and may be qualified for tax-free disability benefits. The process is often complicated and intimidating, which is why it's crucial to consult with a seasoned New Jersey veterans disability attorney who is familiar with the intricacies of VA laws. A competent attorney will help you navigate the process, compile and collect all the required documents and ensure that they're delivered on time.

A veteran disability lawyer can help you to understand the value of your claim. The amount of benefits you get is determined by the severity of your illness or injury and how it impacts your daily life. Depending on your circumstances you could be eligible for Special Monthly Compensation (SMC) which is a greater rate of disability paid in certain circumstances such as the condition that limits your mobility or requires constant help from others. You could also be eligible for TDIU. This is a higher rate disability that is paid if you are unable work at a reasonable level as a result of your condition that is related to service.

A veteran's disability lawyer can also help you determine if you're eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can also help you navigate the three different options for review if the VA refuses to grant your claim, which includes request an administrative or a higher-level review of the decision or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007, veterans could only hire an attorney when they were not happy with an VA decision (either denial or a less fully favorable rating decision). You are now able to hire an experienced NYC veteran lawyer for disability when you get a negative rating decision.

A reputable disability lawyer will be able to explain the options available to review your decision including a Supplemental Claim, a Higher-Level Review or Board Appeal. Avoid attorneys who don't limit their practice to the law governing veterans disability or take on only some cases at a time.

VA regulations allow attorneys to charge up to 20 percent of retroactive benefit or award that they receive for you. This amount is usually paid directly to your attorney by the VA.

Your lawyer can assist you get documentation and records from the VA as well as your doctor, hospitals, or your employer. Your lawyer may also recommend a Medical Examiner or a Vocational expert to assist in your case. Payment for these experts isn't included in the attorney's fee, but you should always consider whether the costs of their services are worth it. Unless you are a vet with a low income your lawyer shouldn't be adamant about having you pay for these experts.

Appeals

A lawyer for veterans with disabilities can help you appeal a decision from the Department of Veterans Affairs. There are three types of appeals: the Board Appeal, a Higher-Level Review and Supplemental Claims. Your attorney can advise you on which appeal to select and work with you to gather the evidence you need to submit.

There are strict deadlines for filing VA disability claims at various stages. Any small error can result in being denied. A Morgan & Morgan veterans' disability lawyer can lift the burden off your shoulders, helping gather medical records and other documents, and write an effective argument to get approval, and make sure that all forms are filled in correctly.

The appeal process for the VA can be lengthy and complicated. A skilled New York veteran disability lawyer can assist you throughout the entire process, including hearings in a formal setting before a Veterans Law Judge. This is the final step in the appeals process. It could result in an adjustment to your disability status, which will determine the amount of disability compensation you receive.

If you're still not satisfied with the result of your claim following a hearing, you can appeal to the Board of Veterans Appeals in Washington, D.C. This is an intensive appeals procedure and you must make it within one year of the date of your Ratings Decision.