Veterans Disability Attorneys

The monthly amount the veteran receives is based on his or her disability rating. The rating increases or decreases by 10 percent increments. An experienced New York veterans disability attorney can ensure that your application and supporting documents are correct and error-free to increase your chances of getting the highest possible rating.

A qualified veterans disability attorney can also assist in filing a higher-level appeal or review, as well as request a formal hearing and medical evidence such as an IME or VE or IME, if needed. Our initial consultations are always complimentary.

Appeals

Whether you are contesting a flat-out denial or a negative rating decision the New York veterans disability benefits lawyer will follow an approach that is comprehensive to ensure you stand the best chance of winning your appeal. The VA appeals procedure is complex, and there are many deadlines that are short at different stages. Our lawyers will offer you one-on-one assistance throughout your appeal. They know the ins-and-outs of every step.

If a veteran disagrees with a decision, he or her can file a Supplemental Claim. During this period a senior reviewer looks over all the evidence submitted for a decision and determines if there was an error. Veterans can also request a private hearing during this period.

If a veteran doesn't accept the findings of a Higher-Level Revision, he or she may appeal to the Board of Veterans Appeals. This is a more formal process in which a hearing is held before the Board of Veterans Appeals. Your New York veteran disability attorney will collaborate with a decision review officer and judge to ensure that all of your arguments and evidence are presented and argued correctly in front of the board member.

Higher-Level Reviews

Since February 2019 - thanks to the VA Appeals Modernization Act - Veterans now have three options when they do not agree with the original decision on their claim. A Veteran may choose to go for a Higher Level Review, a Supplemental Claim or Board Appeal. Berry Law Firm will determine the most appropriate option for each Veteran's situation.

The Veteran may request a higher-level review by an VA Claims adjudicator not involved in the original decision. The Veteran can also request an informal meeting with the adjudicator in charge to discuss their case.

In certain cases, VA may have incorrectly denied the claim of disability or under-rated a medical condition (granted 30 percent, when they should've given 50 percent). Sometimes, the Veteran might have evidence that was not considered in the initial decision. In any case, it is important to have an experienced attorney assist the Veteran with the process.

The attorneys at Berry Law Firm understand the details of the current VA appeals and claims procedures. They will make sure that your claim is in line with the requirements of submission to the VA and that your case is presented in a clear, comprehensive way. If necessary, they'll escalate your claim to a Board of Veterans' Appeals.

Legacy Reviews

The VA is currently working to reduce its backlog of disability claims. The appeals process can be very long, and it can take an average of 120 working days to get an official decision. This is why it is so important to hire a veterans disability attorney who can assist you with the process and ensure that your application is in line with the proper standards.

If you are not satisfied with the initial decision made on your claim, a seasoned disability lawyer can help decide on your options. There are three options to seek a decision review that you can choose from: the Supplemental Claims Lane and the Higher Level Review Lane, or the Appeals to the Board for Direct Review Lane. Your veteran disability attorney will review your situation to determine which is the best option for your particular circumstances and improve the odds of a successful outcome.

In addition to ensuring your appeals are in line with the VA's submission requirements, your veterans disability attorney can also assist you with gathering and present the evidence you need to be successful in your claim. This includes medical evidence such as your medical documents and test results. Your lawyer will review the military credits to which you are entitled based upon your work and service history. This could affect your eligibility to receive a Social Security benefit or pension.

Medical Evidence

Veterans who are seeking disability benefits should have complete medical evidence. A lawyer can help get you all the relevant medical documents, including those from the VA healthcare system. They could include MRIs, CT scans, and treatment notes. Attorneys can also assist you request important documents, such as social security records and service documents that are relevant to your claim. He can also request that the VA send you to a physician to conduct an C&P test, which is a requirement for the filing of a TDIU or PTSD claim.

It is essential to have sufficient medical evidence in case the VA refuses to grant you the disability rating. An experienced attorney will be able to provide you with the additional evidence you require to get your claim accepted and get the credit you deserve.

He can make use of lay-based statements, like letters from family or friends members, to prove that your disabilities have a significant impact on your daily routine. He can also present statements from your doctors who can explain why they believe that your disabilities are a result of your military service.

A reputable veterans disability lawyer can help fight to recover tax-free disability benefits. He can take the stress and burden of dealing with the VA off your shoulders and allow you to concentrate on getting better. In addition, he could stand up to the VA officials who treat you unfairly.