Veterans Disability Lawyers

If a veteran from New York has a problem with their VA disability rating, they may wish to engage an attorney. The law currently prohibits lawyers from charging fees for the initial claim however they may charge for assistance in appeals.

A seasoned VA disability lawyer will be familiar with all types of hearings that are part of the appeals process for veterans. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings and Court of Appeals for Veterans Claims hearings.

Qualifications

A veteran's disability lawyer is a lawyer who represents clients with disabilities stemming from military service. They will review your medical records to determine your eligibility for benefits. This includes a monthly allowance that's tax-free for medical care and compensation. The amount of the benefit is determined by your disability score, and there are other conditions that may qualify you for additional benefits. These benefits may include compensation for a particular disability or "aid-and-attendance" for your spouse if you are disabled and require assistance with your daily activities.

The VA is a massive bureaucracy. It can be frustrating to navigate, particularly when deciding what injuries to claim, what you should include in your application, or the best way to appeal. A VA-certified disability attorney to assist you in the process makes it less stressful and more efficient. They can handle all communications with the VA, and provide legal assistance through each step of your claim.

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

Experience

Veterans who have suffered injuries or sickened as a result their military service could be eligible for tax-free disability benefits. The process can be complicated and overwhelming, which is why it's important to work with a skilled New Jersey veterans disability attorney who is familiar with the specifics of VA laws. A competent lawyer can guide you through the process, compile and gather all required documents and ensure they are filed on time.

A veteran disability lawyer can assist you understand the significance of your claim. The amount of benefits you will receive depends on the severity your condition or injury and how it impacts your daily routine. Depending on the circumstances you could be qualified for Special Monthly Compensation (SMC) which is a greater percentage of disability that is payable in certain instances, such as the condition that limits your mobility or requires assistance from others. You may also qualify for TDIU, which is a higher level of disability which is paid when you are unable to perform your job at a level that is reasonable due to a service-related issue.

A skilled veterans disability lawyer can provide you with information on whether you may be eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help you through the three options available to you if the VA refuses to 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

Prior to 2007, veterans disability lawsuits were only permitted to hire an attorney after receiving a decision from VA that they weren't completely satisfied with (either an appeal or a less than fully favorable Rating Decision). You are now able to hire an experienced NYC veteran lawyer to help you claim disability benefits as soon as you get an unsatisfactory rating decision.

A reputable disability lawyer can explain your options, such as a Board Appeal, Higher-Level Review or Supplemental Claim. Avoid lawyers who don't limit their practice to the law governing veterans disability or only accept a few cases at a time.

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

Your lawyer will be in a position to assist you in obtaining records and documentation from the VA as well as your doctors, hospitals, or employers. Your lawyer will likely recommend hiring an Medical Examiner and a Vocational Expert to help you with your case. They aren't included in the attorney's fees, however 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 you're an active vet with a limited income.

Appeals

A lawyer for veterans with disabilities can assist you in appealing a decision by the Department of Veterans Affairs. There are three kinds of appeals - a Board Appeal, a Higher-Level Review, and a Supplemental Claims. Your lawyer can guide you on which one to choose and work with you to gather the evidence you need to submit.

During the VA disability claims process, there are strict deadlines for filing at various stages, and any slight discrepancy can result in being denied. A Morgan & Morgan veterans disability law firm disability lawyer can take the burden off of your shoulders by assisting you to obtain medical records, documents and then write a convincing case to be considered for approval.

The appeals process at the VA can be long and complex. A veteran disability lawyer in New York can help you through the entire process which includes hearings in a formal setting before a Veterans Law judge. This is the final step of the appeals process and can result in an adjustment to your disability rating, which determines how much disability compensation you will receive.

If you are still not satisfied with the result of your claim following an appeal hearing, you may appeal to the Board of Veterans Appeals in Washington, D.C. This is an intensive appeals procedure and you have to request it within one year of the date of your Ratings Decision.