Veterans Disability Attorneys
The monthly monetary allowance for veterans is based on their disability rating, which is a process that increases or decreases in 10-percent increments. An experienced New York veterans disability attorney can help ensure that your application and supporting documents are complete and error-free to improve your chances of getting the highest possible rating.
A qualified veterans disability attorney can also assist with filing a higher-level appeal or review, as well as request an official hearing and medical evidence such as an IME or VE in the event of need. The initial consultations with us are always complimentary.
Appeal
If you’re appealing a flat-out rejection or a negative rating decision or a rating decision that you are not happy with, your New York veterans disability benefits lawyer will follow a comprehensive approach to ensure you stand the best chance of winning your appeal. The VA appeals process is complicated, and there are many small deadlines at different stages. Our attorneys will provide you with one-on-one assistance throughout your appeal. They are aware of the ins and outs of each step.
If an experienced veteran isn’t happy with the decision, he or can pursue a Supplemental Claim or Higher-Level Review of the decision. During this process an experienced reviewer will scrutinize all the evidence you presented originally to make an answer and will determine whether they believe there was a mistake in your decision. During this time, a veteran may ask for a personal meeting.
If a veteran doesn’t agree with the results of a Higher-Level Review he or she may appeal to the Board of Veterans Appeals. This is a formal process that requires an appearance before the Board of Veterans Appeals. During this period the New York veteran disability benefits attorney will work with the decision reviewer and a judge to ensure that all of your evidence is presented and argued appropriately before the board member.
Higher-Level Reviews
Since February 2019, due to the VA Appeals Modernization Act – Veterans now have three options when they disagree with the original decision on their claim. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will analyze which option is best for the particular Veteran’s needs.
The Veteran may request a higher-level review by an VA Claims adjudicator who wasn’t involved in the initial decision. The Veteran may also request a confidential discussion with the adjudicator who is the senior in order to discuss their case.
In certain cases it is possible that the VA could have erroneously denied a disability claim or under-rated a condition (grant 30 percent for PTSD when they should have given 50 percent). Sometimes the Veteran may have new evidence which was not taken into account in the original decision. Regardless of the case it is crucial to have an experienced attorney help the Veteran through the process.
The advocates at Berry Law Firm understand the ins and outs of the current VA appeals and claims processes. They will ensure that your claim meets all VA criteria for submission and ensure that it is presented in an organized, clear way. They will also be prepared to escalate your claim to the Board of Veterans’ Appeals in the event of a need.
Legacy Reviews
The VA is currently trying to reduce the backlog of disability claims. The appeals process can be long and can take an average of 150 working days before receiving an official decision. This is why it is crucial to work with a veterans disability attorney who can assist you in navigating the process and ensure that your application meets the appropriate standards.
If you’re not satisfied with the initial decision made on your claim, a knowledgeable disability lawyer can help you identify your options. There are three options for decision review available which include 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 and choose the best solution for your circumstances to increase the likelihood of a successful result.
In addition to making sure that your appeals are in line with the VA’s submission guidelines, your veterans disability attorney will also help you gather and present the evidence needed to prove your appeal. This includes medical evidence, such as your medical documents, test results, and expert testimony. Your lawyer will examine the military credits to which you are eligible based on your work and service record. This could affect your eligibility for an Social Security benefit or pension.
Medical Evidence
The need for thorough medical evidence is crucial for veterans who seek disability benefits. A lawyer can help get you all relevant medical records, including those from the VA healthcare system. These records may include MRIs and CT scans, as well as treatment notes. Similarly, the attorney can assist you in requesting service records as well as social security files that are important for your claim. He can also request that the VA send you to a doctor for C&P tests. C&P exam which is required for the filing of a TDIU or PTSD claim.
If the VA denies you a disability rating It is crucial to have medical evidence to be able to appeal. An experienced lawyer can provide the additional evidence that you require to be able to get your claim approved and help you get the rating you deserve.
He can use the statements of non-professionals, like letters written by family and friends to prove that your disability is having a an impact on your life. You can also provide medical documents from your physicians who can provide evidence of how they believe that your medical conditions are connected to your military service.
A good veterans disability lawyer can help you fight for the right to receive tax-free disability benefits. He can take the stress and strain of dealing with the VA off your shoulders so that you can concentrate on improving your condition. In addition, he could take on the VA officials who are treating you unfairly.
