The amount of monetary compensation a veteran receives each month is based on their disability rating, which grows or decreases in 10-percent increments. A New York veterans disability lawyer can ensure that all documentation and your application are free of errors and complete, which will increase your chances of getting the most favorable rating.
A qualified veterans disability attorney can also assist with filing a higher-level review or appeal and request an official hearing and medical evidence, such as an IME or VE or IME, if needed. Our initial case consultations are always free of charge.
Appeals
Whether you are contesting a flat-out denial or an unfavorable rating decision Your New York veterans disability benefits lawyer will follow an extensive approach to ensure you have the best chance of winning your case. The VA appeals process is complex and there are a few deadlines for filing in many of the stages. Our lawyers will offer you one-on-one assistance throughout your appeal. They are familiar with the ins and outs of each step.
If a veteran disagrees with a decision made the veteran can file an additional claim. During this time a senior reviewer will look at all the evidence you presented originally to make a decision and will see whether they believe there was an error in your decision. During this time, a veteran may request a private meeting.
If a veteran does accept the findings of a Higher-Level Revision, he or she may appeal to the Board of Veterans Appeals. This is a more formal process where a hearing occurs before the Board of Veterans Appeals. During this time, your New York veteran disability benefits attorney will collaborate with the decision review officer and a judge to ensure all of your evidence is properly presented and argued appropriately in front of the board member.
Higher-Level Reviews
Since February 2019 – due to the VA Appeals Modernization Act – Veterans now have three pathways in the event of disagreement with the original decision made on their claim. A Veteran could choose to go for a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is appropriate for the particular Veteran’s needs.
The Higher-Level Appeal appeal, the Veteran to request a new review of their case by a knowledgeable VA Claims Adjudicator who did not take part in the initial decision. The Veteran may also request a meeting with the adjudicator who is the senior judge to discuss their case.
In some cases it is possible that the VA may have incorrectly denied the claim of a disability or under-rated a condition (grant 30 percent for PTSD when they should have given 50 percent). Sometimes, the Veteran may have evidence that the original decision didn’t take into account. Regardless of the case, it is important to find an experienced attorney assist the Veteran navigate the process.
Berry Law Firm’s lawyers are familiar with the VA’s current appeals and claims procedure. They will ensure that your claim is in line with the standards for submission required by the VA and that your claim is presented in a clear and complete manner. If necessary, they’ll escalate your claim to a Board of veterans disability attorneys‘ Appeals.
Legacy Reviews
The VA is currently working to reduce its backlog of disability claims. The appeals process can be lengthy, and it can take an average of 125 working days to receive an official decision. This is why it is crucial to work with an attorney for veterans that can help you navigate the system and ensure your application meets the required standards.
If you are not satisfied with the initial decision taken on your claim, a knowledgeable disability lawyer can help you determine your options. There are three options for decision review available to you: 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 case to determine which option is the best option for your particular circumstances and increase the chances of a positive outcome.
Your attorney for veterans disability can assist you in gathering the evidence needed to prove your claim. This includes medical evidence, such as your medical records, test results and expert testimony. Your lawyer will also consider the military special credits you are entitled to in relation to your work and service history. This could affect your eligibility for pension or Social Security benefits.
Medical Evidence
Thorough medical evidence is critical for veterans who seek disability benefits. A lawyer can help you gather all the relevant medical records from private sources as well as those from the VA healthcare system. These records may include MRIs and CT scans as well as treatment notes. The attorney can also help you request service records and social security documents which are crucial to your claim. He can also request that the VA send you to a doctor to conduct C&P tests. C&P test which is required for the filing of a TDIU or PTSD claim.
It is vital 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 you require to get your claim approved and get the credit you deserve.
He can use lay statements, such as letters from friends and family members, to demonstrate that your physical limitations have a significant impact on your everyday life. You can also submit medical records from your doctor who will explain why they believe that your medical conditions are linked to your military service.
A reputable attorney for veterans’ disability can assist you in fighting for tax-free benefits. He can relieve the stress and strain of dealing with the VA off your shoulders so that you can concentrate on improving your condition. In addition, he can take on the VA officials who are treating you unfairly.