Veterans Disability Lawyers

When a New York veteran has an issue with their VA disability compensation rating, they should consider hiring a lawyer. Although current law prohibits lawyers from charging fees for assistance in filing an initial claim, they can charge for assistance with appeals for veterans.

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

Qualifications

A veterans disability lawyer is focused on representing clients with disabilities stemming from military service. They look over your medical records to determine your potential eligibility for benefits. This includes the monthly allowance for medical expenses as well as compensation that is tax-free. The amount of the benefit is determined by your disability rating and there are other situations that could also qualify you for additional benefits. These benefits could include compensation for a particular disability or "aid-and-attendance" for your spouse in the event that you are a disabled veteran and need help with everyday activities.

The VA is a huge bureaucracy and it can be difficult to navigate, especially when you are deciding on the type of injury to claim, which information to include in your application, and how to appeal. A VA-certified disability lawyer can simplify the process and more efficient. They will handle all communications with the VA and provide legal support through every step of your claim.

When you are choosing a New York veterans disability lawyer Choose a lawyer that is accredited by the VA and has been practicing law for veterans for quite a long time. You should also ensure that they are well-known in the local community and are in good standing with their New York bar association. In addition, if contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) and you'll need an attorney who is admitted to practice before that court.

Experience

Veterans who have been injured or ill as a result of their military service may be eligible for tax-free disability benefits. However the process is complicated and overwhelming, so it is important to work with an experienced New Jersey veterans disability lawyer who understands the nuances of VA law. A competent attorney can guide you through the process of applying as well as gather and compile all the required documents, and ensure they are timely submitted.

A knowledgeable veteran disability attorney can help you understand the potential value of your case. The amount of benefits you receive is contingent on the severity of your injury or illness and how it affects your daily life. Based on your situation you could be eligible for Special Monthly Comp (SMC), a higher rate of disability payable in certain instances, such as when your condition restricts your mobility or requires help from others. You may also qualify for TDIU. This is a higher rate disability that is paid out if you are unable to work at a reasonable rate because of a condition related to your service.

A knowledgeable veterans disability lawyer can assist you in determining whether you are eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can assist you to navigate through three options for review if your VA claim is denied, which includes seeking a higher-level decision or filing an appeal at the Court of Appeals for Veterans Claims, Washington, DC.

Fees

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

A good disability lawyer can describe the options available for reviewing your decision including an Supplemental Claim, Higher-Level Review or Board Appeal. Avoid attorneys who don't limit their practice to veterans disability law or take on only some cases at the same time.

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

Your lawyer can assist you obtain documents and records from the VA, your doctor, hospitals, or employer. Your lawyer may also recommend obtaining a Medical Examiner and a Vocational Expert to assist you in your case. The cost of these experts' services isn't a part of the fees of your attorney, but you should always consider whether the costs of their services are worth it. Your lawyer shouldn't force you to feel obligated to hire these experts unless you're an armed forces veteran with a low income.

Appeal

A veterans disability lawyer can assist you in appealing an appeal decision made by the Department of Veterans Affairs. There are three types of appeals: a Supplemental Claim, a Higher-Level Review or a Board Appeal. Your lawyer can assist you choose which appeal to pursue and assist you in obtaining the evidence you must provide.

In the VA disability claims process, there are tight deadlines for filing forms at various stages and any small discrepancy could result in the denial. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by assisting you to obtain medical records, documents, and write a compelling case to be considered for approval.

The appeal process of the VA can be long and complex. A veteran disability lawyer in New York can help you through the entire process, including an official hearing before an Veterans Law judge. This is the final step in the appeals process. It can result in an adjustment to your disability score, which will determine how much disability compensation you receive.

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