Veterans Disability Lawyers

If an New York veteran has an issue with their VA disability compensation rating, they should consider hiring an attorney. Although current law prohibits lawyers from charging fees for assistance with filing a first claim, they can charge for assistance in an appeal by veterans disability law firms.

A seasoned VA disability lawyer is familiar with all kinds of hearings within the appeals process for veterans. These include hearings by the Board of Veterans' Appeals, the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability attorney focuses on representing clients with disabilities that result from military service. They look over your medical records to assess your eligibility for benefits, which includes an allowance of care per month and a compensation that is tax-free. The amount you will receive is determined by the disability rating. Other circumstances may also qualify you for extra benefits. These benefits may include compensation for a particular disability or "aid-and-attendance" for your spouse if you are disabled and require assistance with your daily activities.

The VA is a massive bureaucracy and it can be difficult to navigate, especially when deciding what injuries to claim, what to submit with your application, or how to file an appeal. A VA-certified disability attorney to help you through the process makes it less stressful and more efficient. They can handle all communication with the VA and offer legal support through every step of your claim.

Find a veteran's disabilities lawyer in New York who is VA-accredited and has been practicing veterans' law for a period of time. You should also make sure they have a good standing in the local 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 in New York, you'll require an attorney who is admitted to practice in that court.

Experience

Veterans have been injured or sick as a result of their military service and may be qualified for tax-free disability benefits. The process can be complicated and intimidating, so it's essential to work with a skilled New Jersey veterans disability attorney who is familiar with the specifics of VA laws. A competent lawyer will help you navigate the process, and compile and collect all necessary documents and ensure that they're delivered on time.

A knowledgeable veteran disability attorney can help you understand the potential worth of your case. The amount of benefits you get is determined by the severity of your illness or injury and the way it affects your daily life. Depending on your circumstances you could be eligible for Special Monthly Compensation (SMC), a higher rate of disability granted in certain situations like when your condition affects your mobility or requires continuous help from others. You could also be eligible for TDIU, which is a higher level of disability that is paid out when you are unable to perform your job at any reasonable level due to a condition that is related to your service.

A lawyer who specializes in veterans' disability can also help you determine if you're eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can help to navigate through three options for review in the event that your VA claim is denied, which includes requesting a higher-level decision or submitting an appeal to the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007 veterans could only engage an attorney when they were not completely satisfied with an VA decision (either denial or less than 100% favorable rating decision). Now you can engage an experienced NYC veteran disability lawyer as soon as you receive an unfavorable rating decision.

A good disability lawyer can explain your options, like a Board Appeal or a Higher-Level Review or Supplemental Claim. Avoid attorneys who aren't specialized in the field of veterans disability law or who only handle a few cases.

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

Your lawyer can assist you obtain documentation and records from the VA or your doctor, hospitals, or even your employer. Your attorney will likely also recommend a Medical Examiner or a Vocational expert to assist in your case. These experts' fees are not included in the fee of your attorney however, you must consider whether their services are worth it. Your attorney shouldn't make you feel like you have to pay for these experts unless you're an active vet with a limited income.

Appeals

A veterans disability attorney can help you appeal the decision of the Department of Veterans Affairs. There are three different types of appeals: Supplemental Claim, Higher-Level review or Board Appeal. Your attorney can advise you on which to choose and help you gather the evidence you need to submit.

In the VA disability claims process, there are tight deadlines for filing forms at various levels and any minor discrepancy can result in the denial. A Morgan & Morgan veterans disability lawyer can take the burden off your shoulders by helping you obtain medical records, documents and even write a convincing case to be considered for approval.

The VA's appeal process can be lengthy and difficult. A veteran disability lawyer in New York can help you through the entire process, which includes an official hearing before a Veterans Law judge. This is the final phase of the appeals process. It can result in the modification of your disability rating, which determines the amount of disability compensation you'll 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 more extensive appeals process, and you have to wait one year from the date you received your Ratings Decision to request this option.