Veterans Disability Lawyers

When a New York veteran has an issue with their VA disability compensation rating, they should consider hiring an attorney. The law currently prohibits lawyers from charging fees for claims that are not yet filed, but they can charge for assistance with an appeal.

An experienced VA disability lawyer will have experience with all kinds of hearings within the appeals process for veterans. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings as well as Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability attorney focuses on representing clients who suffer from disabilities that result from military service. They will look over your medical records in order to determine your eligibility for benefits. This includes an annual allowance that is tax-free for care and compensation. The amount you will receive is determined by your disability rating. Other circumstances could qualify you for extra benefits. These benefits may include additional compensation for a particular disability or "aid and attendance" for your spouse in the case of disabled veterans disability law firms who require assistance with their daily activities.

The VA is a massive bureaucracy, and it can be a bit difficult to navigate, particularly when deciding what injuries to claim, what you should submit as part of your application, or when to appeal. A VA-certified disability lawyer can make the process less stressful and more efficient. They can handle all communication with the VA and provide legal support throughout the entire process of filing your claim.

Look for a veteran's disability lawyer in New York who is VA-accredited and has been practicing veterans' law for some time. Also, make sure they have a great reputation in the community and are in good standing with their New York bar association. If you are appealing an VA disability denial or low rating decision before the Court of Appeals for Veterans Claims, you will need an attorney who is admitted to practice in the court.

Experience

Veterans have been injured or sick due to their military service, and could be eligible for tax-free disability benefits. The process is often complicated and overwhelming, which is why it is essential to consult with a seasoned New Jersey veterans disability attorney who knows the nuances of VA laws. A competent attorney can guide you through the process of applying, gather and compile all the required documents, and make sure that they are timely submitted.

A veteran disability lawyer can assist you understand the importance of your claim. The amount of benefits that you receive is determined by the severity of your injury or illness and the way it affects your daily life. Based on your situation you could be eligible for Special Monthly Payment (SMC) which is a greater rate of disability payable in certain instances such as the condition that limits your mobility or requires constant help from others. You may also be eligible for TDIU. This is a higher-rate disability which is paid when you are unable to work at a decent level because of a service-related illness.

A veterans disability lawyer can also assist you in determining if you are eligible for Social Security Disability benefits in addition to your VA benefits. A lawyer can assist you navigate three different options for review if your VA claim is denied. These include the option of requesting a more formal decision or filing an appeal at the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans were allowed to engage an attorney when they received an answer from the VA that they weren't completely satisfied with (either the denial or less than a fully favorable Rating Decision). Now you can engage an experienced NYC veteran disability lawyer in the event of an unfavorable rating decision.

A reputable disability lawyer can explain the options available to you, such as a Board Appeal or a Higher-Level review or Supplemental Claim. Avoid attorneys who do not specialize in veterans disability law, or only take on one or two cases.

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

Your lawyer can help you obtain records and documentation from the VA as well as your doctor, hospitals, or employer. Your lawyer will also recommend getting a Medical Examiner and a Vocational Expert to help you with your case. The fees of these experts are not included in the fees of your attorney but you should think about whether their services are worth it. Your lawyer shouldn't make feel obligated to hire these experts unless you're an armed forces veteran with a low income.

Appeal

A veterans disability attorney can help you appeal the decision of the Department of Veterans Affairs. There are three different types of appeals: a Supplemental Claim, Higher-Level Review or Board Appeal. Your lawyer can help you decide which appeal you should pursue and work with you to collect the evidence you need to present.

In the VA disability claims process, there are tight deadlines for filing at different stages and any small discrepancy could result in being denied. A Morgan & Morgan veterans disability lawyer can ease the burden off your shoulders by helping you collect medical records, paperwork and then write a convincing case to be considered for approval.

The appeal process for appealing an appeal to the VA can be difficult and complex. A skilled New York veteran disability lawyer will assist you throughout the entire procedure and include a formal hearing with a Veterans Law Judge. This is the last step in the appeals process. It can result in an adjustment to your disability rating which will determine how much the disability compensation you receive.

If you are still not satisfied with the outcome of your claim after a hearing, you can submit an appeal to the Board of Veterans Appeals in Washington, D.C. This is a much more rigorous appeals procedure, and you'll need to wait a year from the date of your Ratings Decision to request this option.