Veterans Disability Lawyers

If a veteran from New York has a problem with their VA disability rating, they may want to engage a lawyer. While current law prevents lawyers from charging fees for assistance in filing an initial claim, they are able to charge for assistance in an appeal by veterans.

A seasoned VA disability lawyer has experience in all types of hearings that are part of the appeals process for veterans. Hearings can be held by the Board of Veterans’ Appeals, the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A lawyer for veterans’ disability concentrates on representing clients suffering from disabilities that stem from military service. They will go through your medical records to determine your eligibility for benefits. This includes a monthly allowance that’s tax-free to pay for healthcare and compensation. The amount of the benefit is determined by your disability score, and there are other situations that could also qualify you for additional benefits. These benefits may include additional compensation for a particular disability or “aid and attendance” for your spouse in the case of disabled veterans who require assistance with daily tasks.

The VA is a huge bureaucracy. It can be frustrating to navigate the process, especially when deciding on what injury to claim, how to file an appeal, or what information to include with your application. A VA-certified disability lawyer can simplify the process and more efficient. They are able to handle all communications with the VA and provide legal assistance during each step of your claim.

When selecting a New York myrtle beach veterans disability law firm disability lawyer, look for someone who is accredited by the VA and has been practicing law for la mirada veterans disability law firm for quite a long time. You should also make sure they have a great reputation in the local area and are in good standing with their New York bar association. If you are appealing an 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 the court.

Experience

Veterans have been injured or sick due to their military service and may be qualified for tax-free disability benefits. However the process can be complicated and overwhelming, so it is important to work with a New Jersey veterans disability lawyer who knows the intricacies of VA law. A competent attorney can guide you through the application process, gather and compile all the necessary documents, and make sure that they are filed on time.

A veteran disability lawyer can assist you to understand the value of your claim. The amount of the benefits you receive is contingent on the severity of the illness or injury you suffer and how it impacts your daily life. Depending on the circumstances you could be eligible for Special Monthly Payment (SMC) which is a greater percentage of disability that is payable in certain instances like when your condition affects your mobility or requires ongoing help from others. You may also be eligible for TDIU, which is a higher amount of disability that is paid out when you are unable work at a reasonable level due to a service-related issue.

A knowledgeable veterans disability lawyer can also provide you with information on whether you may be eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help you determine the three options to review your claim if the VA will not approve your claim, which includes request an administrative or a higher-level decision review or making an appeal to the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007 the veterans could only get an attorney in the event of not being satisfied with a VA decision (either refusal or 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 good disability lawyer will be able to provide options to review your decision including a Supplemental Claim, a Higher-Level Review or Board Appeal. Avoid lawyers who aren’t experts in veterans disability law, or who only handle one or two cases.

VA regulations allow attorneys to charge up to 20 percent of the retroactive benefit or award that they receive on behalf of you. Generally this amount will be paid directly to the attorney by the VA. You and your attorney should talk about the fee arrangement before you sign any agreement.

Your lawyer can assist you get documentation and records from the VA or your doctor, hospitals, or your employer. Your attorney will also likely recommend getting a Medical Examiner and a Vocational Expert to assist you in your case. These experts’ fees are not included in the fees of your attorney however, you must be evaluating whether their services are worth it. Unless you are a low-income vet, your attorney should not be adamant about having you pay for these experts.

Appeal

A veterans disability attorney can assist you in appealing the decision of the Department of Veterans Affairs. There are three types of appeals: the Board Appeal, a Higher-Level Review, and Supplemental Claims. Your lawyer can help you decide which type of appeal to choose and help you gather the evidence you need to present.

During the VA disability claims process, there are tight deadlines for filing forms at various stages and any small discrepancy can lead to a denial. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by assisting you to get medical records, paperwork and a persuasive case to be considered for approval.

The appeal process for appealing a decision from the VA is arduous and complex. A veteran disability lawyer in New York can help you through the entire process including an official hearing before a Veterans Law judge. This is the final step of the appeals procedure and can result in a change to your disability rating, which determines how much disability compensation you will receive.

If you’re still not satisfied with the result of your claim following an appeal hearing, you may submit an 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 from the date of your Ratings Decision.