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 current law prevents lawyers from charging fees for assistance in filing an initial claim, they may charge to help with an appeal by veterans.

A VA disability lawyer with years of experience is familiar with all types hearings that are part of the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings as well as Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability lawyer is focused on representing clients with disabilities stemming from military service. They will review your medical records to determine your eligibility for benefits. This includes a monthly allowance that is tax-free for compensation and care. The amount of the benefit is determined by your disability rating and there are other conditions that could also qualify you for additional benefits. These benefits could include compensation for a specific disability or "aid and attendance" for your spouse in the event of disabled veterans who require help with daily activities.

The VA is a large bureaucracy and it can be confusing to navigate through the process, particularly when deciding on what injury to claim, how to appeal, or what to include in your application. A VA-certified disability lawyer can help you make the process 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.

When you are choosing a New York veterans disability lawyer Look for a lawyer who is recognized by the VA and has been practicing law for veterans for quite a long time. You should also ensure that they are well-known 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 need an attorney who is legally licensed to practice before that court.

Experience

Veterans have been injured or ill due to their military service and may be eligible for tax-free disability benefits. However the process can be complex and daunting, and it is crucial to consult a New Jersey veterans disability lawyer who is familiar with the nuances of VA law. A competent attorney can guide you through the process of applying as well as gather and compile all the necessary documents, and ensure that they are completed on time.

A veteran disability lawyer can help you understand the worth of your claim. The amount of benefits that you receive is determined by the severity of your injury or illness and the way it affects your daily life. Depending on your circumstances, you may be eligible for Special Monthly Compensation (SMC) which is a higher percentage of disability that is paid in certain cases for instance, when your condition limits your mobility or requires ongoing assistance from others. You could also be eligible for TDIU. This is a higher-rate disability which is paid when you are unable to work at a reasonable rate because of your condition that is related to service.

A knowledgeable veterans disability lawyer can also help you determine if you are eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can help navigate three different options for review if your VA claim is denied, which includes requesting a higher-level decision or filing an appeal with the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans were allowed to hire an attorney only after they had received an answer from the VA which they weren't pleased with (either denied or a less than fully favorable Rating Decision). Now you can engage an experienced NYC veteran disability lawyer in the event of an unfavorable rating decision.

A reputable disability lawyer can explain your options, such as a Board Appeal or a Higher-Level Review or Supplemental Claim. Avoid attorneys who don't limit their services to veterans disability law or who only handle just a handful of cases at a time.

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

Your lawyer can assist you obtain records and documentation from the VA, your doctor, hospitals, or even your employer. Your attorney will likely also recommend an Medical Examiner or a Vocational expert to assist you with your case. Payment for these experts isn't part of the fees of your attorney, but you must always think about whether the costs of their services are worth it. Your lawyer shouldn't make you feel like you have to pay for these experts, unless you're an individual with a low income.

Appeal

A veterans disability lawyer can help you appeal a decision of the Department of Veterans Affairs. There are three kinds of appeals - the Board Appeal, a Higher-Level Review, and a Supplemental Claims. Your attorney can advise you on which type to choose and help you gather the necessary evidence 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 of your shoulders by assisting you to collect medical records, paperwork and even write a convincing case to be considered for approval.

The appeal process for appealing a decision from the VA can be difficult and confusing. 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 stage of the appeals procedure and could result in changes to your disability rating, which will determine how much disability compensation you will receive.

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