Veterans Disability Lawyers

If an New York veteran has an issue with their VA disability compensation rating, they should think about hiring a lawyer. The law currently prohibits lawyers from charging fees for initial claims, but they can charge for help with appeals.

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

Qualifications

A veteran's disability lawyer is focused on representing clients with disabilities resulting from military service. They examine your medical records to assess your eligibility for benefits, including an allowance per month for medical care and a compensation that is tax-free. The amount of the benefit is determined by your disability rating and there are other situations that could also qualify you for additional benefits. These benefits may include compensation for a specific disability or "aid-and-attendance" for your spouse if you're a disabled veteran and need assistance with daily activities.

The VA is a large bureaucracy. It can be frustrating to navigate the process, particularly when deciding what is a valid claim for injuries, how to file an appeal, or what to include in your application. A VA-certified disability lawyer can help make the process easier and more efficient. They can handle all communication with the VA and provide legal advice throughout the entire process of your claim.

When selecting a New York veterans disability lawyer Look for a lawyer who is accredited by the VA and has been practicing law for veterans disability attorney for many years. Also, ensure that they have a positive local reputation and are a member of their New York bar associations. If you are appealing the decision of a VA disability denial or low rating decision before the Court of Appeals for Veterans Claims, you will need an attorney who is admitted to practice in that court.

Experience

Veterans have been injured or sick as a result of their military service and may be qualified for tax-free disability benefits. However the process is complex and daunting, and it is important to work with a New Jersey veterans disability lawyer who is familiar with the nuances of VA law. A competent lawyer can guide you through the process, compile and gather all required documents, and ensure they're filed on time.

A veteran disability lawyer can help you understand the significance of your claim. The amount of benefits you will receive depends on the severity the illness or injury you suffer and how it affects your daily life. In the event of a medical condition you could be eligible for Special Monthly Payment (SMC) which is a greater rate of disability granted in certain situations such as when your condition limits your mobility or requires continuous assistance from others. You may also be eligible for TDIU. This is a higher rate disability that is paid when you are unable to work at a decent level because of your service-related condition.

A veterans disability attorneys disability lawyer will also be able inform you if you're eligible for Social Security Disability benefits in addition to your VA benefits. A lawyer can help to navigate through three options for review in the event that your VA claim is denied, such as requesting a higher-level decision or filing an appeal at the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans were allowed to engage an attorney after receiving a decision from the VA which they weren't pleased with (either the denial or less than fully favorable Rating Decision). You can now engage an experienced NYC veteran lawyer for disability claims as soon as you get a negative rating decision.

A reputable disability lawyer can explain the options available for reviewing your decision including an Supplemental Claim, Higher-Level Review or Board Appeal. Avoid attorneys who aren't specialized in veterans disability law, or take on only certain cases.

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

Your lawyer is competent to assist you with obtaining documents and records from the VA and your doctor, hospitals, or employers. Your lawyer will likely recommend an Medical Examiner or a Vocational expert to assist you with your case. These experts' fees are not included in your attorney's fee but you should think about whether their services are worth the cost. If you're not an unemployed vet, your attorney should not make you feel pressured to spend money on these experts.

Appeal

A Veterans disability Attorneys disability lawyer can assist you in appealing an appeal decision made by the Department of Veterans Affairs. There are three types of appeals: a Supplemental Claim, a Higher-Level Review, or a Board Appeal. Your attorney can advise you on which one to choose and assist you to gather the evidence you need to present.

There are strict deadlines for filing VA disability claims at various stages. Any small error can result in the denial. A Morgan & Morgan veterans disability lawyer can ease the burden off of your shoulders by assisting you to obtain medical records, documents and even write a convincing argument to get approval.

The appeal process for the VA can be lengthy and complicated. A seasoned New York veteran disability lawyer can help you through the entire procedure and include a formal hearing with 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 how much disability compensation you are entitled to.

If you're not satisfied after the hearing, you may appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a much more rigorous appeals procedure and you must have one year from the date of your Ratings Decision to request this option.