Veterans Disability Lawyers

When an New York veteran has an issue with their VA disability compensation rating, they should consider hiring a lawyer. Although the law currently prohibits lawyers from charging for assistance in filing an initial claim, they can charge to assist with appeals for veterans.

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

Qualifications

A veterans disability lawyer concentrates on representing clients suffering from disabilities that result from military service. They will review your medical records to determine your eligibility for benefits. This includes a monthly allowance that is tax-free for medical care and compensation. The amount you will receive is determined by the disability rating. Other situations may qualify you for extra benefits. These benefits may include compensation for a particular disability or "aid-and-attendance" for your spouse in the event that you are disabled and require assistance with daily activities.

The VA is a huge bureaucracy, and it can be difficult to navigate the process, especially when deciding on what injury to claim, how to file an appeal, or what to include in your application. A disability lawyer who is certified by the VA can simplify the process and more efficient. They will handle all communications with the VA and offer legal advice throughout the entire process of your claim.

Find a veteran's disability lawyer in New York who is VA-accredited and has been practicing law for veterans for a while. Also, ensure that they have a positive local reputation and are in good standing in their New York bar associations. In addition, if you're appealing your VA disability denial or low rating decision to the Court of Appeals for veterans disability lawsuits Claims (CAVC), you'll require an attorney legally licensed to practice before that court.

Experience

Veterans who have been injured or sickened as a result their military service could be eligible for tax free disability benefits. The process can be complicated and intimidating, so it's important to consult with a seasoned New Jersey veterans disability attorney who knows the nuances of VA laws. A skilled attorney will help you navigate the process, help you compile and collect all the required documents and ensure that they are completed on time.

A veteran disability lawyer can help you understand the importance of your claim. The amount of benefits you are entitled to depends on the severity your condition or injury and how it affects your daily routine. You may be qualified for Special Monthly Compensation (SMC) which is a greater rate of disability benefit that is granted in certain conditions. For example the condition that limits your mobility or requires you to receive continuous assistance from others. You may also qualify for TDIU which is a higher rate of disability that is paid if you are unable to perform your job at a reasonable rate due to a service-related issue.

A knowledgeable veterans disability attorneys disability lawyer can provide you with information on whether you qualify for Social Security disability benefits in addition to your VA benefits. A lawyer can also help determine the three options to review your claim if the VA does not grant your claim, including the option of requesting an administrative or higher-level decision review, or making an appeal to the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007 the veterans could only get an attorney if they were not satisfied with a VA decision (either denial or less than 100% favorable rating decision). Now you can engage an experienced NYC veteran disability lawyer when you receive an unfavorable rating decision.

A reputable disability lawyer will be able to explain the options available to you, such as a Board Appeal or a Higher-Level review or Supplemental Claim. Avoid attorneys who do not limit their work to the law governing veterans disability or who only handle one or two cases at an time.

VA regulations allow attorneys up to 20 percent of the retroactive award or benefit that they receive on behalf of you. Generally this amount will be directly to the attorney through the VA. You and your attorney should negotiate the fee arrangement before you sign any contract.

Your lawyer will be capable of helping you obtain records and documentation from the VA as well as your doctors hospitals, employers, or doctors. Your lawyer might also recommend a Medical Examiner or a Vocational expert to assist in your case. The cost of these experts' services isn't part of the attorney's fee, but you must always think about whether the costs of their services are worth it. If you're not an extremely low-income vet the lawyer you choose to work with should not insist that you pay for these experts.

Appeal

A veteran disability lawyer can help you appeal the decision of the Department of Veterans Affairs. There are three kinds of appeals: a Board Appeal, a Higher-Level Review, and a Supplemental Claims. Your attorney can advise you on which to choose and work with you to gather the evidence you need to submit.

In the VA disability claims process, there are tight deadlines for filing at different stages, and any slight discrepancy can lead to the denial. A Morgan & Morgan veterans disability lawyer can take the burden off of your shoulders by assisting you to get medical records, paperwork, and write a compelling case to be considered for approval.

The appeal process for appealing a decision from the VA is arduous and complex. A skilled New York veteran disability lawyer will assist you throughout the entire procedure and include a formal hearing before a Veterans Law Judge. This is the final step of the appeals process and could result in a change to your disability rating, which determines the amount of disability compensation you will receive.

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