Veterans Disability Lawyers

When a New York veteran has an issue with their VA disability compensation rating, they should think about hiring a lawyer. While the law prohibits lawyers from charging for assistance with filing a first claim, they are able to charge for assistance with the appeal process for veterans.

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

Qualifications

A veteran's disability attorney concentrates on representing clients who suffer from disabilities due to military service. They will review your medical records to determine your eligibility for benefits. This includes an annual allowance that is tax-free to pay for healthcare 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 large bureaucracy. It can be confusing to navigate through the process, especially when deciding what you can claim for your injuries, when to file an appeal or what to submit with your application. A VA-certified disability lawyer can make the process less stressful and more efficient. They can handle all communication with the VA and provide legal assistance throughout the process of submitting your claim.

Find a veteran's disabilities lawyer in New York who is VA-accredited and has been practicing law for veterans for some time. You should also ensure that they are well-known in the community and are in good standing with their New York bar association. If you are appealing an appeal of a VA disability denial decision or a low rating decision before the Court of Appeals for Veterans Claims in New York, you'll require an attorney who is admitted to practice in that court.

Experience

Veterans who have been injured or ill-advised due to their military service may be eligible for tax-free disability benefits. The process is often complicated and intimidating, which is why it is essential to work with an experienced New Jersey veterans disability attorney who is familiar with the specifics of VA laws. A knowledgeable attorney can guide you through the application process and help you gather all the necessary documents, and ensure they are submitted on time.

A veteran disability lawyer can help you understand the importance of your claim. The amount of benefits you get is determined by the severity of your illness or injury and the way it affects your daily life. Based on your situation, you may be qualified for Special Monthly Compensation (SMC) which is a higher percentage of disability that is paid in certain cases like when your condition restricts your mobility or requires continuous assistance from others. You could also be eligible for TDIU. This is a higher rate disability which is paid when you are unable to work at a reasonable level as a result of a condition related to your service.

A veteran's disability lawyer will also be able to inform you if you're eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can help you find three options to review in the event that your VA claim is denied, which includes seeking a higher-level decision or filing an appeal in the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Before 2007 veterans disability attorneys could only engage an attorney when they were not completely satisfied with a VA decision (either refusal or less than a 100% favorable rating decisions). Now you can employ an experienced NYC veteran disability lawyer when you receive an unfavorable rating decision.

A reputable disability lawyer will be able to describe the options available to review your decision, including an Supplemental Claim, Higher-Level Review, or Board Appeal. Avoid attorneys who do not specialize in veterans disability law, or who only handle one or two cases.

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

Your lawyer will be competent to assist you with obtaining documents and records from the VA or your doctor hospitals, employers, or other medical professionals. Your attorney will likely also recommend a Medical Examiner or a Vocational expert to assist in your case. They aren't part of the fees of your attorney, but you should think about whether the cost of their services is worth it. Your attorney shouldn't make you feel obligated to pay for these experts, unless you're a vet on a low income.

Appeal

A veterans disability attorney can assist you in appealing the decision of the Department of Veterans Affairs. There are three types of appeals - one called a Board Appeal, a Higher-Level Review and Supplemental Claims. Your lawyer can assist you determine which appeal to use and will assist you in obtaining the evidence you need to provide.

There are strict deadlines to file VA disability claims at different stages. A single mistake can result in an denial. A Morgan & Morgan veterans disability lawyer can take the burden off of your shoulders by helping you collect medical records, paperwork, and write a compelling argument to get approval.

The VA's appeal process can be lengthy and difficult. A veteran disability lawyer in New York can help you through the entire process, which includes hearings in a formal setting before an Veterans Law judge. This is the final stage of the appeals procedure and could result in changes to your disability rating, which will determine how much disability compensation you'll receive.

If you're not satisfied after the hearing, you can appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a more intensive appeals process, and you'll need to wait a year from the date of your Ratings Decision to request this option.