Veterans Disability Attorneys
The amount of monetary compensation a veteran receives each month is based on their disability rating, which can increase or decreases in 10-percent increments. A New York veterans disability lawyer can ensure that all documentation and your application are error-free 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 as well as requesting a formal hearing and medical evidence such as an IME or VE in the event of need. The initial consultations with us are always complimentary.
Appeals
If you’re appealing a flat-out denial 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 stand the best chance at winning your appeal. The VA appeals procedure is complex, and there are many deadlines for appeals at various stages. Our lawyers are familiar with the nuances and nuances of each process and will be on your side to provide one-on-one attention during your case.
If a veteran is dissatisfied with a decision made, he or her may choose to file an additional claim. In this time the senior reviewer will look over all the evidence submitted for a decision to determine whether there was a mistake. Veteran may request a hearing on their behalf during this period.
If a veteran doesn’t accept the findings of a Higher Level Review, he or she can appeal to the Board of Veterans Appeals. This is a formal process that includes hearings before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision review officer and a judge to ensure that all of your evidence and arguments are well-argued and presented 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 that they disagree with the initial decision regarding their claim. Veterans have the option of a Higher Level Review or a Board Appeal. Berry Law Firm will analyze the best option for the individual Veteran’s circumstances.
Using the Higher-Level Review appeal allows the Veteran to request a new look at their case by an experienced VA Claims Adjudicator who did not take part in the initial decision. The Veteran can also request a meeting with the senior adjudicator to discuss their case.
In some instances in some cases, the VA could have erroneously denied an application for disability or under-rated the severity of a condition (grant 30 percent of PTSD when they should have awarded 50 percent). In other instances the Veteran may have evidence that the original decision didn’t consider. It is crucial that the Veteran has a knowledgeable 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 meets all VA submission standards and that it is presented in an organized and clear way. They will also be able to take your case to the Board of veterans disability law firms‘ Appeals, if necessary.
Legacy Reviews
The VA is currently trying to reduce the backlog of disability claims. However, the appeals process is still a lengthy process and takes an average of 125 days for the decision following the filing of your claim. This is why it’s essential to employ a veteran disability lawyer who can help you navigate the process and make sure that your application is in line with the proper standards.
A skilled disability lawyer can guide you through your options for requesting the decision review if you are dissatisfied with the initial decision made on your claim. There are three options to seek a decision review: the Supplemental Claims Lane and the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your case to determine which is the best option depending on your personal circumstances and improve the odds of a successful outcome.
Your lawyer for veterans disability will assist you in gathering the evidence needed to prove your claim. This includes medical evidence, such as your medical documents, test results, and expert testimony. Your lawyer will also examine the special military credits you are entitled to according to your service and work history. This can impact your eligibility to receive an Social Security benefit or pension.
Medical Evidence
Medical evidence that is thorough is essential to veterans who are seeking disability benefits. A lawyer can help you get all of the relevant medical records that are private in addition to those from the VA healthcare system. These records may include MRIs and CT scans, as along with treatment notes. Attorneys can also help you obtain important documents, such as social security records and service records that relate to your claim. The attorney can also request the VA to send you to a physician to conduct a C&P examination as a condition for the filing of a TDIU claim or PTSD claim.
If the VA denies you a disability rating, it is important to have the right medical evidence to support your appeal. An experienced lawyer can provide the additional evidence you require for your claim to be approved and help you get the rating you deserve.
You can also use lay statements, such as letters from family members and friends members, to demonstrate that your physical limitations have significant effects on your daily activities. He can also submit medical statements from your doctors who can provide evidence of how they believe that your conditions are related to your military service.
A reputable veterans disability lawyer can help you fight for the right to claim tax-free disability benefits. He can help you get rid of the stress and strain that comes when dealing with the VA which allows you to concentrate on your recovery. Additionally, he is able to protest against the VA officials who treat you unfairly.