Veterans Disability Attorneys

The amount of monthly compensation that received by veterans is based on his or her disability rating. This rating increases or decreases by 10% increments. A New York veterans disability lawyer can ensure that all documents and your application are free of errors and complete to improve your chances of obtaining the best possible rating.

A qualified veterans disability lawyer can assist with filing a higher-level review or appeal and can also request a formal hearing and medical evidence like an IME or VE, as needed. The initial consultations with us are always free.

Appeals

If you're appealing a flat-out rejection or a negative rating decision or a rating decision that you are not happy with, your New York veterans disability benefits lawyer will take a comprehensive approach to ensure you have the best chance at winning your case. The VA appeals process is complex and has many deadlines for appeals at various stages. Our lawyers are familiar with the ins and outs of each step and will be by your side to give you one-on-one attention throughout your appeal.

In cases where an experienced veteran isn't happy with the decision, he or could decide to take a Supplemental Claim, or Higher-Level Review of the decision. In this case the senior reviewer will look at all of the evidence that you presented originally to make the decision and determine if they believe there was a mistake in your decision. A veteran can also request a private hearing during this period.

If a veteran does agree with the results of a Higher-Level Review, he or she can appeal to the Board of Veterans Appeals. This is a formal procedure that involves hearings before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision-review officer and judge to ensure all your evidence and arguments are effectively presented and argued front of the board member.

Higher-Level Reviews

Since February 2019, due to the VA Appeals Modernization Act - Veterans now have three pathways when they do not agree with the original decision made on their claim. A Veteran can opt to pursue a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will analyze the best option for the individual Veteran's situation.

The Veteran may request a higher-level review by a VA Claims adjudicator who wasn't involved in the decision making process. The Veteran can also request a meeting with the senior adjudicator to discuss their case.

In certain instances in some cases, the VA might have wrongly denied a disability claim or under-rated a condition (grant 30 percent of PTSD when they should have given 50 percent). Sometimes it is possible that the Veteran might have new evidence that the initial decision didn't take into account. It is important that Veterans have an experienced lawyer to guide them through the process.

The lawyers at Berry Law Firm understand the ins and outs of the current VA claims and appeals processes. They will ensure that your claim is in compliance with all VA requirements for submission and that it is presented in a structured, clear 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 still a lengthy process, and it takes an average of 125 calendar days to receive an answer after submitting your claim. This is why it is crucial to work with a veteran disability lawyer who can assist you with the process and ensure that your claim is in line with the right standards.

A skilled disability lawyer can guide you through your options for seeking a decision review if you are unhappy with the initial decision that is made regarding your claim. There are three options for decision review available which include the Supplemental Claim Lane, the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your situation to determine which is the most appropriate for your individual circumstances and increase the chances of a favorable outcome.

Your lawyer for veterans disability will help you gather the evidence necessary to prove your claim. This includes medical evidence, such as your medical documents, test results, and expert testimony. Your lawyer will also consider the special military credits you are entitled to depending on your work and service history. This could affect your eligibility to receive the Social Security benefit or pension.

Medical Evidence

Medical evidence that is thorough is essential for veterans who seek disability benefits. A lawyer can help you get all of the relevant medical records that are private and also those from the VA healthcare system. These could include MRIs, CT scans, and treatment notes. In addition, the attorney can help you request service records and social security records which are crucial to your claim. He can also request that the VA send you to a doctor for an C&P exam as a prerequisite for an TDIU or PTSD claim.

It is important that you have the right medical evidence if the VA refuses to grant you an assessment of disability. An experienced lawyer can provide the additional evidence you require to be able to get your claim approved and help you get the rating you deserve.

He can make use of lay-based statements, like letters from family or friends members, to prove that your physical limitations have significant effects on your everyday life. He can also present statements from your medical professionals, who will explain the reasons why they believe your ailments are a result of your military service.

A skilled veterans disability lawyer can help you fight to claim tax-free disability benefits. He can ease the stress and anxiety associated having to deal with the VA which allows you to concentrate on your recovery. He can also stand up to VA officials who are unfairly treating you.