Veterans Disability Lawyers

If a veteran in New York has a problem with their VA disability rating, they may need to consult an attorney. While the law prohibits lawyers from charging fees for assistance with filing a first claim, they can charge to help with a veterans' appeal.

A VA disability lawyer with experience will be familiar with all types of hearings that are part of the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings and Court of Appeals for veterans disability attorney Claims hearings.

Qualifications

A veteran's disability attorney focuses on representing clients with disabilities that result from military service. They examine your medical records to determine your potential eligibility for benefits. This includes an allowance of care per month and compensation that is tax-free. The amount of the benefit is determined by your disability score, and there are additional circumstances which could qualify you for additional benefits. These benefits may include additional compensation for a particular disability or "aid and attendance" for your spouse in the case of disabled veterans who require assistance with daily activities.

The VA is a huge bureaucracy and it can be a challenge to navigate the process, especially when deciding what injuries to claim, how to file an appeal or what to include in your application. A VA-certified disability lawyer can simplify the process and more efficient. They can handle all communications with the VA and offer legal assistance through each step of your claim.

Find a veteran's disability lawyer in New York who is VA-accredited and has been practicing law for veterans for a period of time. Also, ensure that they have a great local reputation and are in good standing with their New York bar associations. In addition, if appealing your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) in New York, you'll need an attorney who is admitted to practice before that court.

Experience

Veterans who have been injured or ill-advised due to their military service might be eligible 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 is knowledgeable of the specifics of VA law. A knowledgeable attorney can guide you through the process of applying, gather and compile all the necessary documents, and ensure that they are submitted on time.

A knowledgeable veteran disability attorney can also help you understand the potential worth of your case. The amount of benefits that you receive is determined by the severity of your injury or illness and how it impacts your daily life. Depending on your circumstances, you may be eligible for Special Monthly Payment (SMC), a higher rate of disability that is granted in certain situations such as when your condition restricts your mobility or requires assistance from others. You may also be eligible for TDIU. This is a higher-rate disability that is paid out if you are unable work at a reasonable rate because of your service-related condition.

A knowledgeable veterans disability lawyer can advise you on whether you are eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can also help navigate the three different options to review your claim if the VA will not approve your claim, such as seeking an administrative or higher-level decision review, or filing an appeal with the Court of Appeals for Veterans Disability attorneys Claims in Washington, DC.

Fees

Prior to 2007, veterans were allowed to hire an attorney after receiving a decision from VA which they weren't pleased with (either an appeal or a less than fully favorable Rating Decision). You can now engage an experienced NYC veteran lawyer to help you claim disability benefits as soon as you get a negative rating decision.

A good disability lawyer will be able to explain the options available to review your decision, including a Supplemental Claim, a Higher-Level Review or Board Appeal. You should stay clear of lawyers who do not limit their work to veterans disability law or who only handle one or two cases at one time.

VA regulations allow attorneys to charge up to 20 percent of retroactive benefit or award they win on behalf of you. Generally, this amount will be paid directly to the attorney through the VA. You and your attorney should negotiate the fee arrangement before you sign any type of agreement.

Your lawyer is competent to assist you with obtaining documents and records from the VA, your doctors hospitals, employers, or other medical professionals. Your lawyer will likely recommend a Medical Examiner or a Vocational expert to help with your case. These experts' fees are not included in the attorney's fees but you should think about whether their services are worth it. Your attorney shouldn't make you feel obligated to hire these experts unless you're an individual with a low income.

Appeals

A veterans disability lawyer can help you appeal a decision of the Department of Veterans Affairs. There are three types of appeals: the Board Appeal, a Higher-Level Review and Supplemental Claims. Your attorney can help determine which appeal to use and will help you gather the evidence you need to submit.

There are strict deadlines for filing VA disability claims at various stages. A single mistake can result in an denial. A Morgan & Morgan veterans' disability lawyer can take the burden off your shoulders, assisting you to collect medical records and documents, and write an effective argument for approval and make sure that the forms are filled out correctly.

The process of appealing an appeal to the VA is arduous and complex. A skilled New York veteran disability lawyer will assist you throughout the entire procedure which includes hearings in a formal setting with a Veterans Law Judge. This is the final step in the appeals process. It could result in an adjustment to your disability status, which will determine how much the disability compensation you receive.

If you are still not satisfied with the outcome of your claim after hearing, you can appeal to the Board of Veterans Appeals in Washington, D.C. This is a lengthy appeals procedure and you must apply for it within one year from the date of your Ratings Decision.