Veterans Disability Lawyers

If a New York veteran has an issue with their VA disability compensation rating, they should consider hiring an attorney. The law currently prohibits lawyers from charging fees for the initial claim however, they can charge for help with appeals.

A VA disability lawyer who has worked with veterans will be knowledgeable of the various types of hearings part of the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings and Court of Appeals for Veterans Claims hearings.

Qualifications

A veteran's disability attorney focuses on representing those who suffer disabilities as a result of military service. They will examine your medical records to determine your eligibility for benefits. This includes a monthly allowance that is tax-free for medical care and compensation. The amount of the benefit is determined by your disability rating and there are other conditions which could qualify you for additional benefits. These benefits may include compensation for a specific disability or "aid-and-attendance" for your spouse in the event that you are disabled and require help with everyday activities.

The VA is a huge bureaucracy. It can be difficult to navigate, particularly when you are deciding on the type of injury to claim, what information to submit with your application, or the best way to file an appeal. A VA-certified disability lawyer can simplify the process and more efficient. They will handle all communications with the VA and provide legal support throughout the entire process of filing your claim.

Look for a veteran's disability lawyer in New York who is VA-accredited and has been practicing law for veterans for a long time. Also, ensure that they have a positive local reputation and are in good standing with their New York bar associations. Additionally, if you're appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) You'll require an attorney authorized to practice before this court.

Experience

Veterans have been injured or ill due to their military service, and may be qualified for tax-free disability benefits. The process can be complicated and intimidating, so it's important to work with a skilled New Jersey veterans disability attorney who is knowledgeable of VA laws. A skilled attorney can guide you through the application process as well as gather and compile all the required documents, and ensure they are filed on time.

A veteran disability lawyer can assist you understand the significance of your claim. The amount of benefits you will receive is contingent on the severity of your illness or injury and how it impacts your daily routine. Based on your situation you could be eligible for Special Monthly Comp (SMC), a higher rate of disability that is paid in certain cases for instance, when your condition affects your mobility or requires continuous assistance from others. You may also qualify for TDIU, which is a higher amount of disability which is paid when you are unable to perform your job at a reasonable level due to a service-related issue.

A skilled veterans disability lawyer can advise you on whether you are eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can help you through the three alternatives for reviewing your claim if VA refuses to grant your claim, which includes the option of requesting an administrative or higher-level decision review, or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007, veterans were only allowed to engage an attorney after receiving a decision from the VA that they weren't happy with (either a denial or a less than a fully favorable Rating Decision). Now, you can hire an experienced NYC veteran disability lawyer when you receive an unfavorable rating decision.

A reputable disability lawyer will be able to provide you with options to review your decision, including the Supplemental Claim (SC), Higher-Level Review, or Board Appeal. Avoid lawyers who aren't specialized in the field of veterans disability attorneys disability law or accept only a few cases.

VA regulations allow attorneys to receive up to 20% of the retroactive benefit or award that they receive in exchange for you. Generally this amount will be paid directly to the attorney through the VA. You and your attorney should negotiate the fee arrangement prior to you sign any type of agreement.

Your lawyer can help you get documentation and records from the VA or your doctor, hospitals, or employer. Your attorney will also likely recommend getting a Medical Examiner and a Vocational Expert to assist with your case. These experts' fees are not included in the fee of your attorney however, you must be evaluating whether their services are worth it. Your lawyer shouldn't make you feel obligated to hire these experts unless you are an active vet with a limited income.

Appeal

A lawyer for veterans Disability Attorneys with disabilities can assist you in appealing a decision by the Department of Veterans Affairs. There are three types of appeals: Supplemental Claim, a Higher-Level Review or a Board Appeal. Your attorney can help decide which type of appeal to use and will assist you in gathering the evidence you must provide.

There are strict deadlines for filing VA disability claims at various stages. A single mistake can result in an denial. A Morgan & Morgan veterans disability lawyer can ease the burden off of your shoulders by helping you to collect medical records, paperwork and then write a convincing case to be considered for approval.

The appeal process of the VA is lengthy and complicated. An experienced New York veteran disability lawyer can assist you through the entire procedure and even hearings in a formal setting before a Veterans Law Judge. This is the final step in the appeals process. It could result in an adjustment to your disability rating, which will determine the amount of the disability compensation you receive.

If you're not happy after the hearing, you can appeal to the Board of Veterans Appeals, located in Washington, D.C. This is an intensive appeals process and you have to request it within one year of the date of your Ratings Decision.