Veterans Disability Attorneys

A veteran's monthly monetary compensation is determined by their disability rating, which grows or decreases in 10-percent increments. An experienced New York veterans disability attorney can help ensure that your application and supporting documents are completed and error-free, which will increase your chances of getting the most favorable rating.

A qualified veterans disability attorney can assist with filing a higher-level review or appeal and request a formal hearing and medical evidence like an IME or VE in the event of need. Our initial consultations are always free.

Appeal

If you're appealing a flat-out denial or an unfavorable rating decision, your New York veterans disability benefits lawyer will employ a comprehensive approach to ensure you stand the best chance at winning your case. The VA appeals procedure is complex and has many deadlines for appeals at various stages. Our lawyers will offer you one-on-one assistance throughout the process. They are aware of the ins and outs of each step.

If a veteran disagrees with a decision taken then he or she could decide to file an additional claim. In this case, a senior reviewer will evaluate all of the evidence that you presented originally to make an opinion and determine if they believe there was a mistake in your decision. Veteran may also request a private hearing during this period.

If a veteran isn't satisfied with the results of the Higher-Level review, they can move on to the Board of Veterans Appeals. This is a formal process that includes an appearance before the Board of Veterans Appeals. During this period your New York veteran disability benefits attorney will work with the decision review officer and judge to ensure all of your evidence is properly presented and debated in a proper manner before the board member.

Higher-Level Reviews

Veterans who are dissatisfied with an initial decision on their claim have three options since February 2019. This is due to the VA Appeals Modernization Act. Veterans can choose to pursue a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is appropriate for the individual Veteran's situation.

Using the Higher-Level Appeal appeal, the Veteran to request a new look at their case by a seasoned VA Claims Adjudicator that did not participate in the original decision. The Veteran can also request a confidential discussion with the senior adjudicator in order to discuss their case.

In certain cases, VA may have incorrectly denied an application for disability or under-rated a medical condition (granted 30 percent when they should've awarded 50 percent). In other cases it is possible that the Veteran might have new evidence that the original decision did not take into account. It is imperative that Veterans have an experienced attorney guide them through the procedure.

Berry Law Firm's attorneys are well-versed in the VA's current claims and appeals procedure. They will ensure that your claim is compliant with all VA criteria for submission and ensure that it is presented in a well-organized, clear manner. If necessary, they'll escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

The VA is currently working to reduce its backlog of disability claims. The appeals process can be lengthy, and it could take an average of 120 working days to get an answer. It is essential to choose an attorney who has experience in the field of veterans disability law. They can guide you through the process and ensure that your application is in line with the essential requirements.

A knowledgeable disability lawyer can advise you on your options for requesting an appeal if you are not satisfied with the initial decision made on your claim. There are three options to seek a decision review which are the Supplemental Claims Lane and the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your experienced disability lawyer will analyze your case and choose the best option for your particular circumstances to increase your chances of a successful result.

In addition to ensuring that your appeals meet the VA's submission criteria, your veterans disability attorney will also assist you in gathering and present the evidence required for success in your appeal. This includes medical evidence, such as your medical documents, test results, and veterans Disability Attorneys expert testimony. Your lawyer will also look into the special military credits you are entitled to depending on your work experience and service. This could affect your eligibility to receive a Social Security benefit or pension.

Medical Evidence

Veterans who want disability benefits should have complete medical evidence. A lawyer can help you gather all the relevant medical records from private sources and also those from the VA healthcare system. These records could include MRIs and CT scans, as well as treatment notes. The attorney can also help you request service records as well as social security files that are vital to your claim. He can also request that the VA send you to a doctor for C&P tests. C&P test that is a requirement for an TDIU or PTSD claim.

If the VA denies your disability rating it is essential to have medical evidence to support your appeal. An experienced lawyer can present the additional evidence you require to be able to get your claim approved and help you get the rating you deserve.

He can use the statements of non-professionals, like letters written by family and friends, to establish that your disability is having a a significant impact on you. He can also submit medical statements from your doctors who can explain how they believe that your medical conditions are linked to your military service.

A reputable veteran's disability attorney can help you fight for your right to tax-free benefits. He can take the stress and burden of dealing with the VA off your shoulders, allowing you to focus on getting better. Additionally, he is able to stand up to the VA officials who treat you unfairly.