Veterans Disability Attorneys

A veteran's monthly monetary compensation is determined by their disability rating, which increases or Veterans Disability Attorney decreases in 10-percent increments. An experienced New York veterans disability attorney will help ensure that your application and supporting documents are correct and error-free to improve your chances of receiving the highest possible rating.

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

Appeal

If you're appealing a flat-out rejection or a rating decision that is unfavorable or a rating decision that you are not happy with, your New York veterans disability benefits lawyer will use an entire approach to make sure you stand the best chance at winning your appeal. The VA appeals process is complex and there are strict filing deadlines throughout the various phases. Our attorneys understand the ins and outs of each stage and will be by your side to provide individual attention throughout your case.

If a veteran disagrees with a decision by the judge, they could decide to file a Supplemental Claim. In this instance, a senior reviewer will scrutinize all of the evidence that you initially submitted to the decision and determine if they believe there was a mistake in your decision. Veterans can request a hearing on their behalf during this time.

If a veteran does accept the findings of a Higher-Level Review he or she may appeal to the Board of Veterans Appeals. This is a formal procedure which involves a hearing before the Board of Veterans Appeals. During this time the New York veteran disability benefits attorney will collaborate with the decision review officer and judge to ensure that all of your evidence is presented and presented in a manner that is appropriate in front of an appeals board member.

Higher-Level Reviews

Since February 2019 - due to the VA Appeals Modernization Act - Veterans now have three options in the event of disagreement with the initial decision regarding their claim. Veterans can choose to pursue a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is best for the individual Veteran's circumstances.

Using the Higher-Level Review appeal allows the Veteran to request a new review of their case by a knowledgeable VA Claims Adjudicator who did participate in the original decision. The Veteran may also request a confidential discussion with the adjudicator's senior judge to discuss their case.

In certain cases, VA may have incorrectly denied an claim for disability, or under-rated a medical condition (granted 30 percent, when they should've given 50 percent). Sometimes the Veteran might have evidence which was not taken into account in the initial decision. It is imperative that the Veteran has a seasoned attorney to guide them through this procedure.

Berry Law Firm's attorneys are knowledgeable about the VA's current claims and appeals procedure. They will ensure that your claim is compliant with all VA criteria for submission and ensure that it is presented in a well-organized and concise way. They will also be ready to take your case to the Board of Veterans' Appeals should it be necessary.

Legacy Reviews

The VA is currently working to reduce its backlog of disability claims. The appeals process is often lengthy and can take an average of 125 working days to receive the final decision. This is why it is essential to employ a veterans disability attorney who can guide you through the system and ensure your application meets the appropriate standards.

A skilled disability lawyer can help you determine your options for requesting the decision review if you are unsatisfied with the initial decision that is made regarding your claim. There are three options for decision review available: the Supplemental Claim Lane, the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will analyze your situation to determine which is the best option for your specific situation and increase the likelihood of a favorable outcome.

In addition to ensuring that your appeals meet the VA's submission guidelines, your veterans disability attorney will also assist you to gather and present the evidence needed to support your claim. This includes medical evidence, such as your medical records and test results. Your lawyer will also review the military special credits you are entitled to depending on your service and work history. This can impact your eligibility for benefits such as a Social Security benefit or pension.

Medical Evidence

Veterans who want disability benefits must have thorough medical evidence. A lawyer can assist you get all of the relevant medical records that are private and also those from the VA healthcare system. These records may include MRIs and CT scans as well as treatment notes. The attorney can also help with requesting important documents, such as social security records and service records that are relevant to your claim. The attorney can also request the VA to send you to a doctor to conduct a C&P examination which is a requirement for the filing of a TDIU claim or PTSD claim.

If the VA refuses to grant you a disability claim It is crucial to have enough medical evidence to make an appeal. An experienced lawyer can provide the additional evidence you need to be able to get your claim approved and secure the ratings you deserve.

He can also use statements from people who are not in the military, for example letters written by family members and friends to prove that your disabilities are having significant effects on you. You can also submit medical reports from your doctors who can explain how they believe your ailments are linked to your military service.

A reputable attorney for veterans' disability can help you fight for tax-free benefits. He will relieve you of the stress and anxiety that comes when dealing with the VA so that you can focus on your recovery. Additionally, he is able to take on the VA officials who treat you unfairly.