Veterans Disability Attorneys

The amount of monetary compensation a veteran receives each month is determined by their disability rating, which grows or decreases in 10-percent increments. A knowledgeable New York veterans disability attorney will help ensure that your application and all supporting documents are accurate and error-free to increase your chances of getting the highest possible rating.

A qualified veterans disability attorney can also assist with filing a more complex review or appeal and can also request a formal hearing and medical evidence, such as an IME or VE, as needed. Our initial consultations are always free of charge.

Appeals

Whether you are appealing a flat-out rejection or a rating decision that is unfavorable or a rating decision that you are not happy with, your New York veterans disability benefits lawyer will take an approach that is comprehensive to ensure you have the best chance at winning your case. The VA appeals process is complicated and there are a variety of deadlines for appeals at various stages. Our lawyers will provide one-on-one assistance throughout your appeal. They are knowledgeable of every step.

If a veteran is dissatisfied with a decision taken, he or her could submit a Supplemental Claim. In this time the senior reviewer will look over all the evidence submitted for a decision, and decides whether there was an error. During this time, a veteran can ask for a personal meeting.

If a veteran does not accept the findings of a Higher-Level Review, he or she may appeal to the Board of Veterans Appeals. This is a more formal procedure where a hearing takes place before the Board of Veterans Appeals. During this time, your New York veteran disability benefits attorney will collaborate with the decision review officer and a judge to ensure all of your evidence is properly presented and debated in a proper manner before a member of the board.

Higher-Level Reviews

Since February 2019 - due to the VA Appeals Modernization Act - veterans disability lawyer now have three pathways when they do not agree with the initial decision on their claim. A Veteran can opt to go for a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is best for each Veteran's particular situation.

The Higher-Level Review appeal allows the Veteran to request a fresh review of their case by a seasoned VA Claims Adjudicator who did take part in the initial decision. The Veteran can also request a private conference with the adjudicator who is the senior to discuss their case.

In certain instances there are instances where the VA may have incorrectly denied an appeal for disability or under-rated the severity of a condition (grant 30 percent of PTSD when they should have given 50 percent). Sometimes, the Veteran might have evidence which was not considered in the original decision. It is imperative that a Veteran has an experienced attorney to guide them through this procedure.

Berry Law Firm's lawyers are familiar with the VA's current claims and appeals procedure. They will make sure that your claim meets all VA criteria for submission and ensure that it is presented in a well-organized, clear way. If needed, 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 is often lengthy, and it can take an average of one hundred and 125 days to receive an official decision. This is why it is crucial to work with a veterans disability attorney who can guide you through the process and ensure that your application meets the appropriate standards.

A knowledgeable disability lawyer can guide you through your options for seeking the decision review if you are dissatisfied with the initial decision that is made regarding your claim. There are three decision review options available that you can choose from: the Supplemental Claim Lane The Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your case to determine which is the best option for your particular circumstances and will increase the chance of a successful outcome.

In addition, to ensure that your appeals meet the VA's submission standards, your veterans disability attorney will also help you gather and present the evidence needed to support your appeal. This includes medical evidence, like your medical records and test results. Your lawyer will review the military credits to which you are entitled based on your employment and service history. This could affect your eligibility for the Social Security benefit or pension.

Medical Evidence

A thorough medical record is essential for those seeking disability benefits. An attorney can assist in getting you all the relevant medical documents, including those from the VA healthcare system. These may include MRIs, CT scans, and treatment notes. In addition, the attorney can assist you in requesting service records as well as social security files which are crucial to your claim. He can also request that the VA send you to a doctor to conduct C&P tests. C&P exam which is required for the filing of a TDIU or PTSD claim.

If the VA denies your disability rating it is essential to have medical evidence to appeal. An experienced lawyer can present the additional evidence you need to get your claims approved and obtain the rating you deserve.

He can also use statements from non-professionals, like letters written by family and friends, to establish that your disabilities have significant effects on you. He may also submit medical documents from your physicians who can elaborate on how they believe your issues are connected to your military service.

A good veteran disability lawyer can help you fight to receive tax-free disability benefits. He can relieve the stress and strain of dealing with the VA off your shoulders, allowing you to focus on improving your condition. He can also stand against VA officials who treat you unfairly.