Veterans Disability Attorneys

The monthly compensation the veteran receives is based on their disability rating. The rating can increase or decreases by 10% increments. An experienced New York veterans disability attorney will ensure that your application and all supporting documents are correct and error-free to improve your chances of getting the most favorable rating.

A qualified veterans disability attorney can also assist with filing a more complex appeal or review and request an official hearing and medical evidence such as an IME or VE or IME, if needed. Our initial case consultations are always free of charge.

Appeals

Your New York veterans disability lawyer will take an integrated approach to your appeal, no matter if you are contesting a denial, or a rating decision that is not in your favor. This will give you the best chance of winning your appeal. The VA appeals procedure is complex and has many deadlines that are short at different stages. Our lawyers know the ins and outs of each step and will be at your side, giving you personal attention throughout your appeal.

If a veteran is dissatisfied with a decision made, he or her may choose to submit an additional claim. In this instance, a senior reviewer will examine all the evidence you originally submitted for the decision and determine whether they believe there was an error in your decision. A veteran can also request a personal hearing during this period.

If a veteran isn't satisfied with the results of the Higher-Level Review he or she can move on to the Board of Veterans Appeals. This is a formal process that includes an appearance before the Board of Veterans Appeals. During this time your New York veteran disability benefits attorney will collaborate with the decision review officer and a judge to ensure all of your evidence is presented and argued appropriately before the board member.

Higher-Level Reviews

Since February 2019, due to the VA Appeals Modernization Act - Veterans now have three options when they disagree with the original decision made on their claim. Veterans have the option of a Higher Level Review or a Board Appeal. Berry Law Firm will analyze which option is best for the particular Veteran's needs.

Using the Higher-Level Review appeal, the Veteran to request a new review of their case by a seasoned VA Claims Adjudicator who did not take part in the initial decision. The Veteran can also request a confidential discussion with the adjudicator's senior judge to discuss their case.

In some cases, VA may have incorrectly denied an claim for disability, or under-rated a medical condition (granted 30 percent when they should've awarded 50 percent). In other instances the Veteran might have new evidence that the original decision did not take into account. Whatever the reason it is important to find an experienced attorney assist the Veteran navigate the process.

The attorneys at Berry Law Firm understand the ins and outs of the current VA appeals and claims processes. They will ensure that your claim meets all VA submission requirements and that it is presented in a structured and clear way. If necessary, they will escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

The VA is currently trying to reduce the backlog of disability claims. The appeals process can be very long and could take an average of 125 working days to receive an answer. This is why it's so important to hire a veterans disability attorney who can guide you through the system and ensure that your claim is in line with the right standards.

A qualified disability lawyer can help you determine your options for seeking an appeal if you are dissatisfied with the initial decision that is taken on your claim. There are three decision review options available: the Supplemental Claim Lane, the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability attorney will review your case to determine which option is the most appropriate for your individual circumstances and increase the chances of a successful outcome.

In addition to ensuring your appeals meet the VA's submission standards, your veterans disability attorney can also assist you with gathering and present the evidence necessary to support your appeal. This includes medical evidence, such as your medical records, test results and expert testimony. Your lawyer will analyze the military credits to which you are entitled based upon your work and service history. This can impact your eligibility to receive a Social Security benefit or pension.

Medical Evidence

The need for thorough medical evidence is crucial for veterans disability lawyers who seek disability benefits. A lawyer can help get you all the relevant medical records, including those from the VA healthcare system. They could include MRIs, CT scans, and treatment notes. Similarly, the attorney can help you request service records and social security records that are essential to your claim. He can also request that the VA send you to a physician to conduct C&P tests. C&P exam as a prerequisite for the filing of a TDIU or PTSD claim.

If the VA denies you a disability rating It is crucial to have enough medical evidence to be able to appeal. An experienced lawyer will be able to provide you with the additional evidence required to get your claim approved and get the rating you deserve.

He can make use of lay-based statements, such as letters from family or friends members, to establish that your physical limitations have an impact on your daily life. He can also submit medical records from your doctor who will explain why they believe your issues are related to your military service.

A good veterans disability lawyer can help fight to receive tax-free disability benefits. He can ease the stress and strain associated having to deal with the VA, allowing to focus on your recovery. He can also stand against VA officials who are unfairly treating you.