Veterans Disability Lawyers

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

A seasoned VA disability lawyer will be familiar 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 Claims hearings.

Qualifications

A veteran's disability attorney concentrates on representing those who suffer disabilities that result from military service. They will review your medical records to assess your ability to receive benefits, such as an allowance per month for medical care and a tax-free amount. The amount you will receive is determined by your disability rating. Other circumstances may make you eligible for additional benefits. These benefits could include compensation for a specific disability or "aid-and-attendance" for your spouse in the event that you are disabled and require assistance with daily activities.

The VA is a massive bureaucracy. It can be difficult to navigate the process, especially when deciding on what is a valid claim for injuries, how to file an appeal or what to submit with your application. A VA-certified disability lawyer can simplify the process and more efficient. They are able to handle all communication with the VA and offer legal support throughout the process of submitting your claim.

When selecting a New York veterans disability lawyer Choose a lawyer that is certified by the VA and has been practicing law for veterans for several years. Also, make sure that they have a good local reputation and are in good standing with their New York bar associations. Additionally, if you're contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC), you'll need an attorney who is admitted to practice before that court.

Experience

Veterans have been injured or sick due to their military service, and may be eligible for tax-free disability benefits. However the process is complicated and overwhelming, so it is essential to consult a New Jersey veterans disability lawyer who understands the nuances of VA law. An experienced attorney can help you through the process of applying and help you gather all the required documents, and make sure that they are completed on time.

A skilled veteran disability attorney can also help you understand the potential benefits of your case. The amount of benefits you receive is contingent on the severity of the illness or injury you suffer and how it impacts your daily routine. Depending on your circumstances you could be eligible for Special Monthly Compensation (SMC) which is a greater percentage of disability that is payable in certain instances such as the condition that limits your mobility or requires ongoing assistance from others. You may also be eligible for TDIU. This is a higher rate disability that is paid if you are unable work at a reasonable rate because of a service-related illness.

A knowledgeable veterans disability lawyer can provide you with information on whether you are eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can also help identify the three options for review if the VA is unable to approve your claim, which includes requesting an administrative or higher-level review of the decision or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Before 2007 veterans could only employ an attorney when they were not happy with an VA decision (either refusal or less than a 100% favorable rating decision). Now, you can hire an experienced NYC veteran disability lawyer as soon as you receive an unfavorable rating decision.

A reputable disability lawyer can describe the options available 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 who only handle a few cases.

VA regulations permit attorneys to charge up to 20 percent of any retroactive benefit or award they receive for you. Generally the amount will be paid directly to the attorney through the VA. You and your attorney should talk about the fee structure prior to signing sign any contract.

Your lawyer is able to help you obtain records and documentation from the VA or your doctor hospitals, employers, or doctors. Your lawyer will also recommend hiring a Medical Examiner and a Vocational Expert to assist you in your case. These experts' fees are not included in the fee of your attorney, but you should still be evaluating whether their services are worth it. Your lawyer shouldn't make you feel like you have to pay for these experts unless you are a vet on a low income.

Appeal

A lawyer for veterans with disabilities can help you appeal a decision by the Department of Veterans Affairs. There are three different types of appeals: a Supplemental Claim, Higher-Level Review or Board Appeal. Your lawyer can assist you determine which appeal you should pursue and work with you to collect the evidence you need to present.

During the VA disability claims process, there are strict deadlines for filing forms at various stages, and [Redirect-Java] any slight discrepancy can result in being denied. A Morgan & Morgan veterans disability lawyer can take the burden off your shoulders by helping you get medical records, paperwork and a persuasive case for approval.

The appeal process for a decision made by the VA can be difficult and complicated. A veteran disability lawyer in New York can help you through the entire process which includes hearings in a formal setting before a Veterans Law judge. This is the final step in the appeals process. It can result in an adjustment to your disability rating which will determine the amount of disability compensation you receive.

If you're still not satisfied with the outcome of your claim after a hearing, you can appeal to the Board of Veterans Appeals in Washington, D.C. This is a very lengthy appeals procedure and you must request it within one year of the date of your Ratings Decision.