Veterans Disability Attorneys

The amount of compensation received by veterans is based on his or her disability rating. The rating is increased or decreases by 10% increments. An experienced New York veterans disability attorney can help ensure that your application and all supporting documents are accurate and error-free, which will increase your chances of receiving the best possible rating.

A qualified veterans disability attorney can also assist with filing a higher-level appeal or review and request an official hearing and medical evidence like an IME or VE, as needed. Our initial consultations are always free.

Appeals

Whether you are contesting a flat-out denial or an unfavorable rating decision the New York veterans disability benefits lawyer will follow an approach that is comprehensive to ensure you stand the best chance at winning your case. The VA appeals procedure is a bit complicated, and there are many deadlines that are short at different stages. Our attorneys understand the ins and outs of each step and will be by your side to give you one-on-one attention during your case.

In cases where a veteran is not happy with a decision, he or she may choose to make a Supplemental Claim or Higher-Level Review of the decision. In this instance the senior reviewer will scrutinize all of the evidence that you submitted originally for a decision and will see if they believe there was a mistake in your decision. During this period, veterans can request a personal meeting.

If a veteran is not satisfied with the results of the Higher-Level Review the veteran can go on to the Board of Veterans Appeals. This is a formal procedure that includes an appearance before the Board of Veterans Appeals. During this time your New York veteran disability benefits attorney will work with the decision reviewer and a judge to ensure that all of your evidence is presented and argued appropriately before an appeals board member.

Higher-Level Reviews

Veterans who are not satisfied with an initial decision about their claim have three options available since February 2019. This is because of the VA Appeals Modernization Act. A Veteran may choose to pursue a Higher Level Review, a Supplemental Claim, or a Board Appeal. Berry Law Firm will determine which option is most appropriate for each Veteran's specific situation.

The Veteran can request a more thorough review by an VA Claims adjudicator that was not involved in the original decision. The Veteran may also request an informal conference with the adjudicator in charge to discuss their case.

In certain cases, VA may have incorrectly denied an claim for disability, or under-rated a medical issue (granted 30 percent instead of 50 percent). Other times, the Veteran might have new evidence that the initial decision didn't take into account. In any case it is important to hire an experienced attorney assist the Veteran through the process.

The lawyers at Berry Law Firm understand the specifics of the current VA claims and appeals processes. They will make sure that your claim is in line with the requirements for submission by the VA and that your case is presented in a clear and thorough manner. They will also be able to take your case to the Board of Veterans' Appeals If necessary.

Legacy Reviews

VA is trying to reduce the number of disability claimants. However, the appeals process is still a lengthy process and takes an average of 125 days for a decision following the submission of your claim. This is why it's crucial to work with a veterans disability attorney who can guide you through the process and make sure that your application meets the appropriate standards.

A skilled disability lawyer can help you determine your options for seeking a decision review if you are unhappy with the initial decision that is made regarding your claim. There are three decision review options available that you can choose from: the Supplemental Claim Lane and the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your situation to determine which is the best fit for your specific circumstances and will increase the chance of a positive outcome.

In addition, to ensure that your appeals meet the VA's submission criteria, your veterans disability attorney will also assist you in gathering and present the evidence you need for success in your claim. This includes medical evidence such as your medical records and test results. Your lawyer will also review the special military credits you are entitled to in relation to your work and service history. This can affect your eligibility for a pension or Social Security benefits.

Medical Evidence

A thorough medical record is essential to veterans disability lawsuits who are seeking disability benefits. A lawyer can help get you all the relevant medical records, including those of the VA healthcare system. These records may include MRIs and CT scans, as along with treatment notes. Attorneys can also assist 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 physician in order to have a C&P examination which is required for an TDIU claim or PTSD claim.

If the VA denies your disability rating It is crucial to have medical evidence to make an appeal. An experienced attorney can provide the additional evidence that you need for your claim to be approved and secure the ratings you deserve.

He can use statements from non-professionals, like letters written by friends and family, to establish that your physical disabilities are having a significant impact on you. He could also submit statements from your doctors, who can explain why they believe your conditions are due to your military service.

A skilled veterans disability lawyer can help fight for the right to get tax-free disability benefits. He can ease the stress and anxiety that comes having to deal with the VA which allows you to concentrate on your recovery. He can also stand up to VA officials who are treating you unfairly.