veterans disability law firm Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may need to hire an attorney. Although current law prohibits lawyers from charging fees for assistance with filing a first claim, they may charge for assistance in appeals for veterans.

A seasoned VA disability lawyer has experience in all kinds of hearings within the appeals process for Veterans disability attorneys. These include hearings by the Board of Veterans' Appeals as well as the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability attorney focuses on representing clients with disabilities resulting from military service. They examine your medical records to determine your ability to receive benefits, such as an allowance per month for medical care and compensation that is tax-free. The amount you receive is determined by the disability rating. Other situations may qualify you for extra benefits. These benefits may include additional compensation for a specific disability or "aid and attendance" for your spouse in the event of a disabled veteran who needs help with daily activities.

The VA is a large bureaucracy, and it can be difficult to navigate the process, particularly when deciding on what you can claim for your injuries, when to file an appeal, or what information to include with your application. A VA-certified disability lawyer can make the process less stressful and more efficient. They will handle all communications with the VA and offer legal support throughout the entire process of filing your claim.

Look for a veteran's disability lawyer in New York who is VA-accredited and has been practicing law for veterans for a while. Also, ensure that they have a positive local reputation and are in good standing in their New York bar associations. If you are appealing an VA disability denial or low rating decision before the Court of Appeals for Veterans Claims, you will need an attorney who is admitted to practice in the court.

Experience

Veterans have been injured or ill due to their military service, and may be qualified for tax-free disability benefits. However the process can be complex and daunting, and it is important to consult a New Jersey veterans disability lawyer who knows the intricacies of VA law. A skilled attorney will guide you through the process, assist you in compiling and collect all necessary documents, and ensure they're submitted on schedule.

A veteran disability lawyer can help you understand the worth of your claim. The amount of benefits you will receive will depend on the severity of your injury or illness and how it impacts your daily life. Depending on your circumstances you could be eligible for Special Monthly Payment (SMC) which is a greater amount of disability payable in certain instances such as when your condition affects your mobility or requires assistance from others. You may also qualify for TDIU which is a higher rate of disability that is paid out when you are unable work at a level that is reasonable due to a condition that is related to your service.

A skilled veterans disability lawyer can also assist you in determining whether you may be eligible to receive Social Security disability benefits in addition to your VA benefits. A lawyer can also help identify the three options for review if the VA will not approve your claim. This includes the option of requesting an administrative or higher-level decision review, or filing an appeal with the Court of Appeals for Veterans Disability Attorneys Veterans Claims in Washington, DC.

Fees

Prior veterans disability attorneys to 2007, veterans were permitted to hire an attorney after receiving a decision from the VA that they weren't satisfied with (either denied or a less than a fully favorable Rating Decision). Now you can employ an experienced NYC veteran disability lawyer immediately after receiving an unfavorable rating decision.

A good disability lawyer can explain your options, such as a Board Appeal, Higher-Level Review or Supplemental Claim. Avoid lawyers who do not specialize in veterans disability law, or accept only certain cases.

VA regulations permit attorneys to receive up to 20 percent of the retroactive benefit or award that they receive for you. This amount is typically paid directly to your attorney by the VA.

Your lawyer will be competent to assist you with obtaining records and documentation from the VA as well as your doctors hospitals, employers, or other medical professionals. Your lawyer might also recommend a Medical Examiner or a Vocational expert to assist with your case. These experts' fees are not included in the fee of your attorney however, you must take a look at whether their services are worth it. Unless you are a vet with a low income, your attorney should not be adamant about having you pay for these experts.

Appeal

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

During the VA disability claims process, there are tight deadlines for filing forms at various stages, and even a small error can result in an appeal being denied. A Morgan & Morgan veterans disability lawyer can take the burden off your shoulders by helping you gather medical records, documents and even write a convincing case for approval.

The appeal process of the VA is lengthy and complicated. A veteran disability lawyer in New York can help you through the entire process which includes hearings in a formal setting before an Veterans Law judge. This is the final step of the appeals process. It can result in changes to your disability rating, which determines the amount of disability compensation you'll receive.

If you're not satisfied with the result of your claim following a hearing, you can submit an appeal to the Board of Veterans Appeals in Washington, D.C. This is a much more rigorous appeals procedure and you have to wait one year from the date you received your Ratings Decision to request this option.