Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may wish to retain an attorney. Although current law prohibits lawyers from charging fees for assistance in filing an initial claim, they can charge to help with appeals for veterans.

An experienced VA disability lawyer will have experience with the various types of hearings involved in the appeals process for veterans. These include Decision Review Officer Hearings, Board of veterans disability lawsuits' Appeals hearings as well as Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability lawyer concentrates on representing clients suffering from disabilities stemming from military service. They review your medical records to determine your potential eligibility for benefits. This includes an allowance per month for medical care and a compensation that is tax-free. The amount you will receive is determined by your disability rating. Other circumstances may also be able to qualify you for additional benefits. These benefits may include additional compensation for a specific disability or "aid and attendance" for your spouse in the case of disabled veterans who require assistance with their daily activities.

The VA is a massive bureaucracy and it can be frustrating to navigate, especially when it comes to deciding which injuries to claim, what you should include in your application, or how to appeal. A disability lawyer who is certified by the VA can make the process less stressful and more efficient. They can handle all communication with the VA and provide legal support throughout the entire process of your claim.

When you are choosing a New York veterans disability lawyer Choose a lawyer that is recognized by the VA and has been practicing veterans law for quite a long time. Also, make sure that they have a good local reputation and are a good member of their New York bar associations. If you are appealing a VA disability denial decision or a low rating decision before the Court of Appeals for Veterans Claims You will require an attorney who has been admitted to practice in that court.

Experience

Veterans have been injured or ill due to their military service, and could be eligible for tax-free disability benefits. However the process is complicated and overwhelming, so it is essential to work with an experienced New Jersey veterans disability lawyer who is knowledgeable of the specifics of VA law. A knowledgeable attorney will guide you through the process, assist you in compiling and collect all the required documents and ensure they are submitted on schedule.

An experienced veteran disability lawyer can also help you understand the potential value of your case. The amount of benefits that you get is determined by the severity of your condition or injury and the way it affects your daily life. Based on your situation you could be eligible for Special Monthly Payment (SMC), a higher rate of disability that is paid in certain circumstances for instance, when your condition limits your mobility or requires ongoing assistance from others. You may also qualify for TDIU. This is a higher-rate disability which is paid when you are unable to work at a reasonable rate because of your service-related condition.

A skilled veterans disability lawyer can also assist you in determining whether you're eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can assist you determine three different options to review in the event that your VA claim is denied, which includes seeking a higher-level decision or filing an appeal with the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans disability attorneys were permitted to hire an attorney only after they had received an answer from the VA that they weren't happy with (either a denial or a less than fully favorable Rating Decision). You can now employ an experienced NYC veteran lawyer for disability claims as soon as you get a negative rating decision.

A good disability lawyer can explain the options available for reviewing your decision, including an Supplemental Claim, Higher-Level Review or Board Appeal. Avoid lawyers who do not specialize in the field of veterans disability law or who only handle certain cases.

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

Your lawyer will be competent to assist you with obtaining records and documentation from the VA as well as your doctors hospitals, employers, or other medical professionals. Your lawyer will likely recommend an Medical Examiner or a Vocational expert to assist you with your case. They aren't part of your attorney's fees, but you should consider whether the costs of their services are worth it. Your lawyer shouldn't force you to feel like you have to pay for these experts, unless you're an active vet with a limited income.

Appeal

A veterans disability lawyer can assist you in appealing an appeal decision made by the Department of Veterans Affairs. There are three different types of appeals: Supplemental Claim, Higher-Level review or Board Appeal. Your lawyer can help you determine which appeal you should pursue and assist you in obtaining the evidence you must present.

There are strict deadlines to file VA disability claims at different stages. Any small error can result in a denial. A Morgan & Morgan veterans disability lawyer can take the burden off of your shoulders by assisting you to obtain medical records, documents and a persuasive argument to get approval.

The appeal process of the VA can be lengthy and difficult. A veteran disability lawyer in New York can help you through the entire process which includes an official hearing before a Veterans Law judge. This is the last step in the appeals process. It can result in an adjustment to your disability rating which will determine how much the disability compensation you receive.

If you're not happy after the hearing, veterans disability lawyer you can appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a much more rigorous appeals process, and you have to wait one year from the date you received your Ratings Decision to request this option.