Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they might want to retain an attorney. Although the law currently prohibits lawyers from charging fees for assistance in filing an initial claim, they are able to charge for assistance with a veterans' appeal.

An experienced VA disability lawyer will have experience with all kinds of hearings within the veterans' appeals process. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings and Court of Appeals for veterans disability attorney Claims hearings.

Qualifications

A veterans disability lawyer focuses on representing clients with disabilities stemming from military service. They look over your medical records to assess your ability to receive benefits, such as the monthly allowance for medical expenses as well as compensation that is tax-free. The amount of the benefit is determined by your disability rating, and there are other circumstances that could also qualify you for additional benefits. These benefits may include additional compensation for a specific disability or "aid and attendance" for your spouse in the event of a disabled veteran who needs assistance with their daily activities.

The VA is a large bureaucracy, and it can be confusing to navigate through the process, especially when making decisions about what is a valid claim for injuries, how to file an appeal, or what to submit with your application. A VA-certified disability attorney to help you through the process helps make it less stressful and more efficient. They can handle all communication with the VA and provide legal assistance throughout the process of submitting your claim.

When you are choosing a New York veterans disability lawyer choose a lawyer who is certified by the VA and has been practicing law for veterans for several years. You should also be sure they have a good reputation in the local area and are in good standing with their New York bar association. If you are appealing a VA disability denial decision or a low rating decision before the Court of Appeals for Veterans Claims, you will need an attorney who has been admitted to practice in that court.

Experience

Veterans who have suffered injuries or sickened as a result their military service might be eligible for tax-free disability benefits. However the process can be complicated and overwhelming, so it is important to consult a New Jersey veterans disability lawyer who is knowledgeable of the specifics of VA law. A competent attorney can guide you through the process, compile and gather all required documents and ensure they are delivered on time.

An experienced veteran disability lawyer will also assist you in understanding the potential worth of your case. The amount of benefits that you receive is determined by the severity of your injury or illness and veterans disability lawyer how it impacts your daily life. Depending on the circumstances, you may be qualified for Special Monthly Compensation (SMC), a higher rate of disability that is paid in certain circumstances such as when your condition affects your mobility or requires continuous help from others. You could also be eligible for TDIU which is a higher level of disability that is paid if you cannot work at a reasonable level due to a condition that is related to your service.

A skilled veterans disability lawyer can also help you determine if you may be eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can also assist you to through the three options for review if the VA refuses to grant your claim. This includes the option of requesting an administrative or higher-level decision review or making an appeal to the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007, veterans could only hire an attorney when they were not completely satisfied with the VA decision (either refusal or less than a fully favorable rating decision). You are now able to hire an experienced NYC veteran lawyer for disability when you receive an unsatisfactory rating decision.

A good disability lawyer can explain the options available to review your decision, including a Supplemental Claim, a Higher-Level Review, or Board Appeal. Avoid attorneys who limit their practice to the law governing veterans disability or only take on a few cases at an time.

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

Your lawyer can assist you obtain documentation and records from the VA as well as your doctor, hospitals, or even your employer. Your attorney will also likely recommend hiring an Medical Examiner and a Vocational Expert to assist with your case. These experts' fees aren't included in your attorney's fees, but you should consider whether the cost of their services is worth it. Your attorney shouldn't make you feel that you are obligated to pay for these experts unless a vet on a low income.

Appeal

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

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

The appeal process of the VA can be lengthy and complicated. A veteran disability lawyer in New York can help you through the entire process, which includes a formal hearing before a Veterans Law judge. This is the final step of the appeals process and could result in changes to your disability rating, which will determine the amount of disability compensation you'll receive.

If you're still not satisfied after the hearing, you may appeal to the Board of Veterans Appeals, located in Washington, D.C. This is an intensive appeals process and you must apply for it within one year from the date of your Ratings Decision.