Veterans Disability Lawyers

If a veteran in New York has a problem with their VA disability rating, they might want to hire a lawyer. While current law prevents lawyers from charging fees for assistance with filing a first claim, they can charge to assist with the appeal process for veterans.

A seasoned VA disability lawyer is familiar with all types of hearings in the veterans' appeals procedure. Hearings are held by the Board of Veterans' Appeals, the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A lawyer for veterans with disabilities focuses on representing clients with disabilities that stem from military service. They will go through your medical records to determine your eligibility for benefits. This includes a monthly allowance that is tax-free for medical care and compensation. The amount of the benefit is determined by your disability rating, and there are other conditions which could 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 assistance with daily tasks.

The VA is a huge bureaucracy and it can be difficult to navigate, particularly when you have to decide what injuries to claim, what information to include in your application, or when to file an appellation. The presence of a VA-certified disability lawyer to assist in the process helps make it less stressful and more efficient. They will handle all communications 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 recognized by the VA and has been practicing law for veterans for a long time. Also, ensure that they have a good local reputation and are in good standing in their New York bar associations. Additionally, 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 licensed to practice before the court.

Experience

Veterans who have suffered injuries or ill as a result of their military service may be eligible for tax-free disability benefits. However, the process can be complex and intimidating, and it is important to consult a New Jersey veterans disability lawyer who is knowledgeable of the specifics of VA law. A competent lawyer will guide you through the process, and compile and collect all the necessary documents, and ensure they're submitted on schedule.

A knowledgeable veteran disability attorney can also help you understand the potential benefits of your claim. The amount of benefits you are entitled to depends on the severity of your injury or illness and how it impacts your daily life. You may be eligible for Special Monthly Comp (SMC) which is a higher-rate disability paid in certain circumstances. For example in cases where your condition hinders your mobility or requires you to receive continuous assistance from others. You could also be eligible for TDIU, which is a higher rate of disability that is paid out when you cannot work at a reasonable level because of your condition.

A veteran's disability lawyer will also be able inform you if you're eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can help you navigate the three different options for review if the VA refuses to grant your claim, including seeking an administrative or higher-level decision review or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Before 2007 veterans could only employ an attorney in the event of not being satisfied with an VA decision (either denial or a less 100% favorable rating decisions). Now you can employ an experienced NYC veteran disability lawyer when you receive an unfavorable rating decision.

A reputable disability lawyer will be able to provide options for reviewing your decision, including the Supplemental Claim (SC), Higher-Level Review or Board Appeal. Avoid attorneys who do not specialize in the field of veterans disability law or accept only the most limited cases.

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

Your lawyer can assist you obtain documents and records from the VA or your doctor, hospitals, or employer. Your lawyer will likely recommend obtaining a Medical Examiner and a Vocational Expert to assist with your case. Payment for these experts isn't included in the attorney's fee, but you should consider whether the costs of their services are worth it. Your lawyer shouldn't force you to feel obligated to pay for these experts unless you're an individual with a low income.

Appeal

A lawyer for veterans disability lawsuits can help you appeal the decision of the Department of veterans disability attorney Affairs. There are three types of appeals - one called a Board Appeal, a Higher-Level Review and a Supplemental Claims. Your lawyer can guide you on which appeal to select and assist you in gather the necessary evidence to submit.

In the VA disability claims process, there are strict deadlines for filing at various levels and any minor discrepancy can result in being denied. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by assisting you to gather medical records, documents and a persuasive argument to get approval.

The appeal process for an appeal to the VA can be difficult and confusing. A veteran disability lawyer in New York can help you through the entire process including a formal hearing before an Veterans Law judge. This is the last step of the appeals process and can result in a change to your disability rating, which will determine the amount of disability compensation you'll 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 much more rigorous appeals process, and you have to wait one year from the date of your Ratings Decision to request this option.