Veterans Disability Lawyers
If a New York veteran has an issue with their VA disability compensation rating, they should think about hiring a lawyer. Although current law prohibits lawyers from charging for assistance in filing an initial claim, they may charge to assist with the appeal process for veterans.
An experienced VA disability lawyer has experience in the various types of hearings involved in the veterans’ appeals procedure. These include Decision Review Officer Hearings, Board of Veterans Disability Attorneys‘ Appeals hearings and Court of Appeals for Veterans Claims hearings.
Qualifications
A veteran’s disability lawyer is focused on representing clients with disabilities that result from military service. They examine your medical records to assess your eligibility for benefits, including an allowance per month for medical care and a tax-free amount. The amount of the benefit is determined by your disability rating and there are additional circumstances which could qualify you for additional benefits. These benefits may include additional compensation for a specific disability or “aid and attendance” for your spouse in the case of disabled veterans who require assistance with their daily activities.
The VA is a huge bureaucracy and it can be frustrating to navigate the process, particularly when deciding what is a valid claim for injuries, how to appeal, or what to include in your application. The presence of a VA-certified disability lawyer to assist with the process can make it easier and more efficient. They are able to handle all communications with the VA, and provide legal assistance through each step of your claim.
Find a veteran’s disabilities lawyer in New York who is VA-accredited and has been practicing veterans’ law for a period of time. Also, ensure that they have a great local reputation and are in good standing in their New York bar associations. If you want to appeal an VA disability denial decision or low rating decision before the Court of Appeals for Veterans Claims and appeals, you’ll need an attorney who has been admitted to practice in that court.
Experience
Veterans who have suffered injury or illness due to their military service and could be eligible for tax-free disability benefits. However, the process can be difficult and confusing, and it is important to work with an experienced New Jersey veterans disability lawyer who is familiar with the nuances of VA law. A knowledgeable attorney will guide you through the process, compile and collect all the required documents and ensure that they are submitted on schedule.
An experienced veteran disability lawyer can also help you understand the potential benefits of your claim. The amount of benefits you get is determined by the severity of your condition or injury and the impact it has on your daily life. You could be eligible for Special Monthly Payment (SMC) which is a higher-rate disability that is paid in certain situations. For example, if your condition limits mobility or requires you to receive ongoing assistance from others. You may also be eligible for TDIU. This is a higher-rate disability which is paid when you are unable to work at a reasonable level because of your service-related condition.
A knowledgeable veterans disability lawyer can also help you determine if you are eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help you navigate the three different options for review if the VA does not grant your claim. This includes request an administrative or a higher-level decision review or making an appeal to the Court of Appeals for Veterans Claims in Washington, DC.
Fees
Before 2007 veterans could only engage an attorney in the event of not being satisfied with the VA decision (either denial or less than 100% favorable rating decision). Now you can employ an experienced NYC veteran disability lawyer immediately after receiving an unfavorable rating decision.
A good disability lawyer will be able explain your options, like a Board Appeal or a Higher-Level Review or Supplemental Claim. Avoid lawyers who aren’t specialized in the field of veterans disability law or only take on certain cases.
VA regulations allow attorneys to receive up to 20 percent of the retroactive award or benefit that they receive in exchange for you. Generally the amount will be paid directly to the attorney from the VA. You and your attorney should negotiate the fee arrangement prior to you sign any agreement.
Your lawyer can assist you obtain documents and records from the VA, your doctor, hospitals, or employers. Your lawyer may also recommend a Medical Examiner or a Vocational expert to assist you with your case. The cost of these experts’ services isn’t a part of the attorney’s fees, however you must always think about whether the costs of their services are worth it. Unless you are an unemployed vet Your attorney shouldn’t make you feel pressured to pay for these experts.
Appeals
A veterans disability lawyer can assist you in appealing an appeal decision made by the Department of Veterans Affairs. There are three different types of appeals: a Supplemental Claim, a Higher-Level Review or a Board Appeal. Your attorney can advise you on which to choose and help you gather the necessary evidence to present.
In the VA disability claims process, there are strict deadlines for filing at various levels and any minor discrepancy can lead to being denied. A Morgan & Morgan veterans’ disability lawyer can take the burden off your shoulders by helping you collect medical records and paperwork, write a compelling argument for approval and make sure that all forms are completed correctly.
The appeals process to contest a decision from the VA can be arduous and complicated. A veteran disability lawyer in New York can help you through the entire process which includes an in-person hearing before a Veterans Law judge. This is the last step in the appeals process. It can 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 a more intensive appeals process, and you’ll need to wait a year from the date you received your Ratings Decision to request this option.