Veterans Disability Lawyers

If a veteran in New York has a problem with their VA disability rating, they may want to retain an attorney. Although the law currently prohibits lawyers from charging for assistance in filing an initial claim, they are able to charge for disability assistance in the appeal process for veterans.

An experienced VA disability lawyer will be familiar with all types of hearings that are part of the veterans' appeals process. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings as well as Court of Appeals for Veterans Claims hearings.

Qualifications

A veteran's disability attorney focuses on representing those who suffer disabilities that result from military service. They examine your medical records to assess your potential eligibility for benefits. This includes a monthly allowance for care as well as compensation that is tax-free. The amount of the benefit is determined by your disability status, and there are other circumstances which could qualify you for additional benefits. These benefits could include compensation for a particular disability or "aid and attendance" for your spouse in the case of a disabled veteran who needs help with daily activities.

The VA is a big bureaucracy and it can be frustrating to navigate the process, especially when you have to decide on injuries to claim, how to appeal, or what you should include with your application. Having a VA-certified disability attorney to assist with the process reduces stress and makes the process more efficient. They are able to handle all communication with the VA and provide legal assistance 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 quite a long time. You should also ensure that they have a great reputation within the local community and are in good standing with their New York bar association. In addition, if you're contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) You'll require an attorney who is legally licensed to practice before that court.

Experience

Veterans who have suffered injury or illness as a result of their military service, and could be qualified for tax-free disability benefits. However the process can be difficult and disability confusing, and it is crucial to consult an experienced New Jersey veterans disability lawyer who knows the intricacies of VA law. A knowledgeable attorney will help you navigate the process, and compile and collect all the necessary documents and ensure they are delivered on time.

A skilled veteran disability attorney can also help you understand the potential value of your case. The amount of the benefits you receive depends on the severity your condition or injury and how it affects your daily routine. You may be eligible for Special Monthly Comp (SMC) which is a greater rate of disability paid in certain circumstances. For example, if your condition limits mobility or requires you to receive constant assistance from others. You may also qualify for TDIU, which is a higher rate of disability which is paid when you are unable work at any reasonable level due to a condition that is related to your service.

A skilled veterans disability lawyer can also help you determine if you're eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can also assist you to navigate the three different options available to you if the VA refuses to grant your claim, including request an administrative or a higher-level decision review or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007, veterans were only allowed to engage an attorney if they received a decision from VA that they weren't satisfied with (either denied or a less than a fully favorable Rating Decision). You can now hire an experienced NYC veteran lawyer for disability when you get a negative rating decision.

A good disability lawyer will be able to explain the options available to you, such as a Board Appeal or Higher-Level Review or Supplemental Claim. Avoid attorneys who aren't specialized in veterans disability law, or only take on one or two cases.

VA regulations allow attorneys to charge up 20 percent of the retroactive benefit or award they win on behalf of you. This amount is typically paid directly to your attorney by the VA.

Your lawyer can help you get documentation and records from the VA or your doctor, hospitals, or your employer. Your lawyer may also recommend obtaining an Medical Examiner and a Vocational Expert to assist with your case. These experts' fees aren't part of the attorney's fee, but you should consider whether the cost of their services is worth it. If you're not a low-income vet Your attorney shouldn't insist that you pay for these experts.

Appeals

A veterans disability lawyer can help you appeal a decision from the Department of Veterans Affairs. There are three types of appeals: a Supplemental Claim, a Higher-Level Review, or a Board Appeal. Your attorney can advise you on which appeal to select and help you gather the evidence you need to submit.

During the VA disability claims process, there are strict deadlines for filing at various stages, and even a small error can lead to 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 appeals process to contest an appeal to the VA can be lengthy and confusing. A knowledgeable New York veteran disability lawyer will assist you throughout the entire process and include a formal hearing before an Veterans Law Judge. This is the final phase of the appeals procedure and could result in a change to your disability rating, which determines the amount of disability compensation you'll 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 more intensive appeals procedure and you'll need to wait a year from the date you received your Ratings Decision to request this option.