Veterans Disability Lawyers

If a veteran in New York has a problem with their VA disability rating, they may need to engage an attorney. While the law prohibits lawyers from charging for assistance in filing an initial claim, they may charge to assist with appeals for veterans.

An experienced VA disability lawyer will be familiar with the various types of hearings involved in the veterans' 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 attorney focuses on representing those who suffer disabilities that result from military service. They will examine your medical records to determine your eligibility for benefits. This includes a monthly allowance that is tax-free for care and compensation. The amount you will receive is determined by the disability rating. Other circumstances could make you eligible for additional benefits. These benefits may include additional compensation for a specific disability or "aid and attendance" for your spouse in the case of disabled veterans who require assistance with daily tasks.

The VA is a big bureaucracy. It can be difficult to navigate the process, particularly when deciding what is a valid claim for injuries, how to file an appeal or what you should include with your application. The presence of a VA-certified disability lawyer to assist in the process makes it less stressful and more efficient. They are able to handle all communication with the VA and provide legal assistance through every step of your claim.

When you are choosing a New York veterans disability lawyer Look for a lawyer who is accredited by the VA and has been practicing veterans law for a long time. You should also make sure they are well-known 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 and appeals, you'll need an attorney who is admitted to practice in that court.

Experience

Veterans who have been injured or ill as a result of their military service could be eligible 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 knowledgeable attorney will guide you through the process, and compile and collect all the necessary documents and ensure that they're filed on time.

An experienced veteran disability lawyer will also assist you in understanding the potential worth of your case. The amount of benefits you are entitled to depends on the severity the illness or injury you suffer and how it impacts your daily life. You could be qualified for Special Monthly Compensation (SMC) which is a higher-rate disability paid in certain circumstances. For instance the condition that limits your mobility or requires continuous assistance from others. You may also qualify for TDIU, which is a greater amount of disability that is paid out when you are unable to perform your job at a reasonable level due to a service-related issue.

A skilled veterans disability lawyer will also advise you on whether you are eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help you determine three different options to review in the event that your VA claim is denied, which includes seeking 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 if they were not satisfied with an VA decision (either refusal or less than a completely favorable rating decision). You are now able to hire an experienced NYC veteran lawyer to help you claim disability benefits as soon as you get an unsatisfactory rating decision.

A reputable disability lawyer will be able to explain the options available to review your decision, including the Supplemental Claim (SC), Higher-Level Review or Board Appeal. Avoid attorneys who do not specialize in veterans disability law, or who only handle one or two cases.

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

Your lawyer can help you obtain records and documentation from the VA or your doctor, hospitals, or employer. Your attorney will likely also recommend an Medical Examiner or a Vocational expert to assist in your case. These experts' fees are not included in the fees of your attorney but you should consider whether their services are worth the cost. If you're not an unemployed vet the lawyer you choose to work with should not insist that you pay for these experts.

Appeal

A veterans disability attorney can assist you in appealing 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 guide you on which to choose and assist you to gather the evidence you need to submit.

There are strict deadlines for filing VA disability claims at different stages. Any mistake could result in being denied. A Morgan & Morgan veterans' disability lawyer can lift the burden off your shoulders, helping collect medical records and paperwork, create a persuasive argument to get approval, and make sure that the forms are filled out correctly.

The appeal process for the VA can be long and complex. A veteran disability lawyer in New York can help you through the entire process, including an in-person hearing before a Veterans Law judge. This is the last step of the appeals procedure and can result in a change to your disability rating, which will determine how much 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 much more rigorous appeals process and you'll need to wait a year from the date of your Ratings Decision to request this option.