Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may need to hire a lawyer. While current law prevents lawyers from charging fees for assistance with filing a first claim, they can charge for assistance with a veterans' appeal.

A VA disability lawyer who has worked with veterans is well-versed in all kinds of hearings that are part of the appeals process for veterans. Hearings are held 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 who have disabilities due to military service. They look over your medical records to assess your ability to receive benefits, such as a monthly allowance for care and a tax-free amount. The amount you will receive is determined by the disability rating. Other circumstances may also be able to qualify you for additional benefits. These benefits could include additional compensation for a specific disability or "aid-and-attendance" for your spouse if you're a disabled veteran and need help with everyday activities.

The VA is a massive bureaucracy and it can be frustrating to navigate the process, especially when deciding on what injuries to claim, how to file an appeal, or what to submit with your application. A disability lawyer who is certified by the VA can help make the process easier and more efficient. They can handle all communication with the VA and offer legal assistance through each step of your claim.

Look for a veteran's disability lawyer in New York who is VA-accredited and has been practicing law for veterans for some time. Also, make sure they have a great reputation within the local community and are in good standing with their New York bar association. If you're contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC) in New York, you'll require an attorney legally licensed to practice before that court.

Experience

Veterans have been injured or ill due to their military service and may be eligible for tax-free disability benefits. The process can be complex and overwhelming, which is why it's crucial to consult with a seasoned New Jersey veterans disability attorney who knows the nuances of VA laws. A competent lawyer will help you navigate the process, compile and collect all the necessary documents and ensure that they're submitted on schedule.

A veteran disability lawyer can help you understand the significance of your claim. The amount of benefits that you get is determined by the severity of your condition or injury and how it affects your daily life. You may be eligible for Special Monthly Comp (SMC) which is a greater rate of disability payment in certain circumstances. For example in cases where your condition hinders your mobility or requires you to receive ongoing assistance from others. You could also be eligible for TDIU, which is a higher level of disability that is paid when you cannot work at any reasonable level due to a condition that is related to your service.

A veteran's disability lawyer will also be able to assist you in determining if you are eligible for Social Security Disability benefits in addition your VA benefits. A lawyer can help you determine three different options to review if your VA claim is denied. These include seeking a higher-level decision or filing an appeal in the Court of Appeals for Veterans Claims, Washington, DC.

Fees

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

A good disability lawyer can describe the options available to review your decision including a Supplemental Claim, Higher-Level Review, or Board Appeal. Avoid attorneys who aren't specialized in the field of veterans disability attorneys disability law or take on only certain cases.

VA regulations allow attorneys to charge up to 20 percent of the retroactive benefit or award that they receive on behalf of you. In general this amount will be paid directly to the attorney from the VA. You and your attorney must discuss the fee structure prior to signing sign any type of agreement.

Your lawyer is in a position to assist you in obtaining records and documentation from the VA or your doctor hospitals, employers, or doctors. Your attorney will likely also recommend an Medical Examiner or a Vocational expert to assist with your case. These experts' fees are not included in the fees of your attorney however, you must be evaluating whether their services are worth it. If you're not an unemployed vet your lawyer shouldn't oblige you to spend money on these experts.

Appeals

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

There are strict deadlines for filing VA disability claims at different stages. A single mistake can result in the denial. A Morgan & Morgan veterans' disability lawyer can ease the burden from your shoulders, helping to gather medical records and other paperwork, then write an impressive argument for approval, and ensure that all forms are filled in correctly.

The VA's appeal process can be lengthy and complicated. A knowledgeable New York veteran disability lawyer can assist you through the entire procedure, including a formal 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 the amount of disability compensation you will receive.

If you're not happy after the hearing, you may appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a more extensive appeals process and you must have one year from the date of your Ratings Decision to request this option.