Veterans Disability Lawyers

If a veteran in New York has a problem with their VA disability rating, they might want to hire a lawyer. While the law prohibits lawyers from charging for assistance with filing a first claim, they may charge to help with appeals for veterans.

A VA disability lawyer who has experience is well-versed in all types hearings that are part of the veterans' appeals process. Hearings are held by the Board of Veterans' Appeals, the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability lawyer is focused on representing clients with disabilities that stem from military service. They will look over your medical records in order to determine your eligibility for benefits. This includes a monthly allowance that is tax-free to pay for healthcare and compensation. The amount of the benefit is determined by your disability rating, and there are other circumstances that could allow you to be eligible for additional benefits. These benefits could include compensation for a particular disability or "aid-and-attendance" for your spouse if you're a disabled veteran and need assistance with daily activities.

The VA is a massive bureaucracy, and it can be frustrating to navigate, especially when you are deciding on the type of injury to claim, what to submit with your application, and how to appeal. The presence of a VA-certified disability lawyer to assist in the process reduces stress and makes the process more efficient. They can handle all communication with the VA and offer legal assistance through each step of your claim.

When selecting a New York veterans disability lawyer Choose a lawyer that is accredited by the VA and has been practicing law for veterans for a long time. You should also make sure they have a good standing in the community and are in good standing with their New York bar association. In addition, if appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) and you'll require an attorney who is authorized to practice before this court.

Experience

Veterans who have been injured or ill-advised as a result of their military service might be eligible for tax free disability benefits. The process can be complex and overwhelming, which is why it is essential to work with an experienced New Jersey veterans disability attorney who is familiar with the intricacies of VA laws. A competent attorney can guide you through the process, assist you in compiling and collect all the required documents and ensure they are delivered on time.

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

A lawyer for veterans will also be able assist you in determining if you are eligible for Social Security Disability benefits in addition to your VA benefits. A lawyer can assist you determine three different options to review if your VA claim is denied. These include the option of requesting a more formal decision or submitting an appeal to the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans were permitted to hire an attorney after receiving a decision from the VA that they weren't satisfied with (either the denial or less than fully favorable Rating Decision). You can now employ an experienced NYC veteran lawyer for disability as soon as you receive an unsatisfactory rating decision.

A reputable disability lawyer can provide you with options to review your decision including a Supplemental Claim, Higher-Level Review, or Board Appeal. Avoid lawyers who do not specialize in the field of veterans disability law or only take on the most limited cases.

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

Your lawyer is in a position to assist you in obtaining documents and records from the VA or your doctor, hospitals, or employers. Your lawyer will likely recommend getting an Medical Examiner and a Vocational Expert to help with your case. Payment for these experts isn't part of your attorney's fees, but you should think about whether the costs of their services are worth it. Your lawyer shouldn't make feel obligated to hire these experts unless a vet on a low income.

Appeal

A lawyer for veterans can assist you in appealing the decision of the Department of Veterans Affairs. There are three types of appeals - an appeal to a Board Appeal, a Higher-Level Review and a Supplemental Claims. Your attorney can help decide which appeal you should pursue and assist you in gathering the evidence you need to present.

During the VA disability claims process, there are strict deadlines for filing forms at various stages and any small discrepancy could result in a denial. A Morgan & Morgan veterans disability lawyer can take the burden off your shoulders by assisting you to get medical records, paperwork and then write a convincing case to get your claim approved.

The appeal process of the VA can be lengthy and complicated. A skilled New York veteran disability lawyer can help you through the entire process which includes a formal hearing before an Veterans Law Judge. This is the last step in the appeals process. It could result in an adjustment to your disability rating which will determine the amount of disability compensation you are entitled to.

If you're not satisfied with the result of your claim following hearing, you can appeal to the Board of Veterans Appeals in Washington, D.C. This is a more thorough appeals procedure and you'll need to wait a year from the date you received your Ratings Decision to request this option.