Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may want to consult an attorney. The law currently prohibits lawyers from charging fees for claims that are not yet filed however, they can charge for help with appeals.

A seasoned VA disability lawyer will have experience with the various types of hearings involved in the appeals process for veterans. Hearings can be held by the Board of Veterans' Appeals, the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability lawyer concentrates on representing clients suffering from disabilities resulting from military service. They will go through your medical records to determine your eligibility for benefits. This includes an annual allowance that is tax-free to pay for healthcare and compensation. The amount of the benefit is determined by your disability rating and there are other situations that may qualify you for additional benefits. These benefits may include compensation for a specific disability or "aid-and-attendance" for your spouse in the event that you are a disabled veteran and need help with everyday activities.

The VA is a massive bureaucracy, and it can be frustrating to navigate, especially when you are deciding on the type of injury to claim, which information to include in your application, or the best way to appeal. A VA-certified disability lawyer can help you make the process less stressful and more efficient. They can handle all communication with the VA and provide legal support throughout the entire process of filing your claim.

When choosing a New York veterans disability lawyer choose a lawyer who is accredited by the VA and has been practicing veterans disability law firms law for several years. Also, ensure that they have a good local reputation and are a member of their New York bar associations. If you are appealing the decision of a VA disability denial decision or a low rating decision before the Court of Appeals for Veterans Claims in New York, you'll require an attorney who is admitted to practice in that court.

Experience

Veterans who have suffered injury or illness 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 essential to consult an experienced New Jersey veterans disability lawyer who is knowledgeable of the specifics of VA law. A knowledgeable attorney can guide you through the process of applying as well as gather and compile all required documents, and make sure that they are submitted on time.

A knowledgeable veteran disability attorney can also help you understand the potential benefits of your case. The amount of benefits you receive is determined by the severity of your condition or injury and how it affects your daily life. You could be qualified for Special Monthly Compensation (SMC), which is a higher-rate disability benefit that is granted in certain conditions. For example the condition that limits your mobility or requires you to receive constant assistance from others. You may also be eligible for TDIU, which is a higher level of disability which is paid when you are unable to work at a level that is reasonable due to a service-related issue.

A knowledgeable veterans disability lawyer can also advise you on whether you may be eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can help you through the three options to review your claim if the VA does not grant your claim. This includes 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 could only employ an attorney when they were not happy with an VA decision (either denial or a less completely favorable rating decision). You are now able to hire an experienced NYC veteran lawyer for disability as soon as you get a negative rating decision.

A reputable disability lawyer will be able to explain your options, including a Board Appeal or a Higher-Level Review or Supplemental Claim. Avoid attorneys who don't limit their services to veterans disability law or only take on a few cases at one time.

VA regulations allow attorneys up to 20 percent of the retroactive award or benefit that they receive on behalf of you. Generally, this amount will be directly to the attorney from the VA. You and your attorney should discuss the fee structure prior to signing sign any agreement.

Your lawyer can assist you obtain documentation and records from the VA or your doctor, hospitals, or your employer. Your lawyer will likely recommend obtaining an Medical Examiner and a Vocational Expert to assist you in your case. They aren't part of the fees of your attorney, but you should think about whether the cost of their services is worth it. Your lawyer shouldn't make you feel obligated to hire these experts, unless you're an active vet with a limited income.

Appeals

A veterans disability lawyer can help you appeal a decision from the Department of Veterans Affairs. There are three kinds of appeals - one called a Board Appeal, a Higher-Level Review and Supplemental Claims. Your attorney can help you decide which type of appeal to pursue and help you gather the evidence you need to provide.

There are strict deadlines to file VA disability claims at different stages. Every little mistake can result in a denial. A Morgan & Morgan veterans disability lawyer can ease the burden off of your shoulders by helping get medical records, paperwork and a persuasive case for approval.

The appeals process at the VA can be lengthy and complicated. A skilled New York veteran disability lawyer can assist you through the entire procedure and include an in-person hearing before a Veterans Law Judge. This is the final step in the appeals process. It can result in an adjustment to your disability status, which will determine how much the disability compensation you receive.

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