Veterans Disability Lawyers

When a New York veteran has an issue with their VA disability compensation rating, they should think about hiring an attorney. While the law prohibits lawyers from charging for assistance in filing an initial claim, they are able to charge for assistance in the appeal process for veterans disability law firms.

A VA disability lawyer with years of experience will be familiar with the various types of hearings part of the veterans' appeals procedure. Hearings are held by the Board of Veterans' Appeals as well as the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability lawyer focuses on representing clients with disabilities that stem from military service. They review your medical records to determine your eligibility for benefits, including the monthly allowance for medical expenses and compensation that is tax-free. The amount of the benefit is determined by your disability rating, and there are additional circumstances which could qualify you for additional benefits. These benefits may include compensation for a particular disability or "aid-and-attendance" for your spouse if you're disabled and require assistance with your daily activities.

The VA is a huge bureaucracy that can be frustrating to navigate, particularly when deciding what injuries to claim, what to submit as part of your application, and how to file an appellation. A disability lawyer who is certified by the VA can make the process less stressful and more efficient. They are able to handle all communications with the VA and provide legal assistance throughout the process of your claim.

When selecting a New York veterans disability lawyer Choose a lawyer that is recognized by the VA and has been practicing veterans law for quite a long time. Also, make sure they have a good reputation in the local area and are in good standing with their New York bar association. If you're contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC), you'll require an attorney who is authorized to practice before this court.

Experience

Veterans who have been injured or sickened as a result their military service may be eligible for tax free disability benefits. However the process is complex and daunting, and it is important to consult a New Jersey veterans disability lawyer who understands the nuances of VA law. A knowledgeable attorney can guide you through the process of applying to gather and compile all required documents, and make sure that they are completed on time.

A veteran disability lawyer can assist you to understand the value of your claim. The amount of benefits you are entitled to depends on the severity of the illness or injury you suffer and how it impacts your daily life. You may be eligible for Special Monthly Comp (SMC) which is a higher-rate disability benefit that is granted in certain conditions. For example the condition that limits your mobility or requires constant assistance from others. You may also be eligible for TDIU. This is a higher-rate disability that is paid out if you are unable to work at a reasonable level because of a service-related illness.

A knowledgeable veterans disability lawyer can provide you with information on whether you may be eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can help you to navigate through three options for review in the event that your VA claim is denied. These include seeking a higher-level decision or filing an appeal with the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Before 2007 veterans could only engage an attorney if they were not satisfied with a VA decision (either refusal or less than a completely favorable rating decision). Now, you can hire an experienced NYC veteran disability lawyer in the event of an unfavorable rating decision.

A reputable disability lawyer can describe the options available to review your decision including a Supplemental Claim, a Higher-Level Review, or Board Appeal. You should avoid attorneys who don't limit their services to the law governing veterans disability or only take on one or two cases at an time.

VA regulations allow attorneys to earn up to 20% of the retroactive benefit or award that they receive on behalf of you. In general this amount is directly to the attorney by the VA. You and your attorney should discuss the fee structure prior to signing sign any contract.

Your lawyer will be able to help you obtain records and documentation from the VA as well as your doctors hospitals, doctors, or employers. Your attorney will likely also recommend an Medical Examiner or a Vocational expert to assist you with your case. The fees of these experts are not included in your attorney's fee however, you must be evaluating whether their services are worth the cost. Unless you are a vet with a low income, your attorney should not oblige you to spend money on these experts.

Appeal

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

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

The VA's appeal process 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 last step in the appeals process. It could result in an adjustment to your disability score, which will determine how much disability compensation you will receive.

If you are still not satisfied with the result of your claim following hearing, you can appeal to the Board of Veterans Appeals in Washington, D.C. This is a more thorough appeals procedure, and you have to wait one year from the date of your Ratings Decision to request this option.