Veterans Disability Lawyers

If a veteran from New York has a problem with their VA disability rating, they may wish to retain a lawyer. While the law prohibits lawyers from charging for assistance with filing a first claim, they can charge for assistance with an appeal by veterans.

An experienced VA disability lawyer will be familiar with all types of hearings that are part of the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of veterans disability Attorneys' Appeals hearings, and Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability lawyer is a lawyer who represents clients with disabilities that stem from military service. They will review your medical records in order to determine your eligibility for benefits. This includes an allowance per month that is tax-free to pay for healthcare and compensation. The amount you will receive is determined by your disability rating. Other circumstances may also qualify you for extra benefits. These benefits may include additional compensation for a specific disability or "aid and attendance" for your spouse in the event of a disabled veteran who needs help with daily activities.

The VA is a huge bureaucracy, and it can be a bit difficult to navigate, especially when you are deciding on the type of injury to claim, what to submit as part of your application, and how to file an appeal. Having a VA-certified disability attorney to help you through the process makes it less stressful and more efficient. They are able to handle all communications with the VA, and provide legal assistance through each step of your claim.

Find a veteran's disability lawyer in New York who is VA-accredited and has been practicing law for veterans for a while. You should also make sure they have a good reputation within the local community and are in good standing with their New York bar association. In addition, 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 who is legally licensed to practice before that court.

Experience

Veterans have been injured or ill due to their military service and could be eligible for tax-free disability benefits. However the process is complicated and overwhelming, so it is essential to work with an experienced New Jersey veterans disability lawyer who is familiar with the nuances of VA law. A skilled attorney will guide you through the process, help you compile and collect all necessary documents and ensure that they're completed on time.

An experienced veteran disability lawyer can help you comprehend the potential benefits of your claim. The amount of benefits you will receive is contingent on the severity of the illness or injury you suffer and how it affects your daily life. Depending on the circumstances, you may be eligible for Special Monthly Comp (SMC) which is a higher rate of disability that is paid in certain cases like when your condition restricts your mobility or requires continuous help from others. You may also be eligible for TDIU which is a higher rate of disability that is paid if you are unable to perform your job at a reasonable level due to a condition that is related to your service.

A veterans disability lawyer will also be able help you determine if you're eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can help you identify the three options for review if the VA is unable to approve your claim, including request an administrative or a higher-level review of the decision 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 if they received an answer from the VA that they weren't completely satisfied with (either denied or a less than fully favorable Rating Decision). You can now engage an experienced NYC veteran lawyer to help you claim disability benefits as soon as you get a negative rating decision.

A good disability lawyer will be able to explain your options, like a Board Appeal, Higher-Level Review or Supplemental Claim. Avoid attorneys who aren't specialized in the field of veterans disability law or take on only one or two cases.

VA regulations permit attorneys to charge up to 20 percent of retroactive benefit or award they receive on behalf of you. In general this amount is paid directly to the attorney through the VA. You and your attorney should negotiate the fee structure prior to signing sign any agreement.

Your lawyer can help you obtain documents and records from the VA or your doctor, hospitals, or employer. Your lawyer may also recommend getting an Medical Examiner and a Vocational Expert to help you with your case. These experts' fees are not included in the attorney's fees however, you must take a look at whether their services are worth it. If you're not an extremely low-income vet your lawyer shouldn't make you feel pressured to pay for these experts.

Appeal

A lawyer for veterans with disabilities can help you appeal a decision from the Department of Veterans Affairs. There are three types of appeals: Supplemental Claim, a Higher-Level Review, or a Board Appeal. Your attorney can advise you on which one to choose and assist you to gather the necessary evidence to present.

During the VA disability claims process, there are strict deadlines for filing at different stages, and even a small error can lead to a denial. A Morgan & Morgan veterans disability lawyer can take the burden off of your shoulders by helping you to obtain medical records, documents and even write a convincing case to get your claim approved.

The appeals process to contest a decision of the VA can be lengthy and difficult. A veteran disability lawyer in New York can help you through the entire process including an official hearing before an 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 receive.

If you're still not satisfied after the hearing, you may appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a much more rigorous appeals procedure and you'll need to wait a year from the date of your Ratings Decision to request this option.