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Veterans Disability Attorneys

The amount of compensation a veteran receives is based on his or her disability rating. The rating increases or decreases by 10% increments. An experienced New York veterans disability attorney can ensure that your application and all supporting documents are complete and error-free to maximize your chances of getting the best possible rating.

A lawyer for veterans can also help with filing a higher-level review or appeal and also requesting a formal hearing and medical evidence like a VE or IME in the event of need. Our initial case consultations are always free of charge.

Appeals

Your New York veterans disability lawyer will employ a comprehensive 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 most chance of winning your appeal. The VA appeals process is complicated and has many deadlines that are short at different stages. Our lawyers know the ins and outs of each process and will be on your side to give you one-on-one attention throughout your appeal.

If a veteran disagrees with the decision by the judge, they may choose to submit a Supplemental Claim. During this time, a senior reviewer will scrutinize all the evidence you initially submitted to an answer and will determine if they believe there was an error in your decision. During this time, a veteran can arrange a meeting with a senior reviewer.

If a veteran is unable to accept the findings of a Higher-Level Review, he or she may appeal to the Board of Veterans Appeals. This is a formal procedure that includes a hearing before the Board of Veterans Appeals. During this period your New York veteran disability benefits attorney will work with the decision reviewer and a judge to ensure that all of your evidence is properly presented and argued appropriately in front of the board member.

Higher-Level Reviews

Veterans who disagree with an initial decision on their claim have three options since February 2019. This is due to the VA Appeals Modernization Act. A Veteran could choose to pursue a Higher Level Review, a Supplemental Claim 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 allows the Veteran to request a fresh review of their case by a seasoned VA Claims Adjudicator who didn't participate in the original decision. The Veteran may also request a confidential discussion with the senior adjudicator to discuss their case.

In certain instances in some cases, the VA may have incorrectly denied an application for disability or under-rated a condition (grant 30 percent for PTSD when they should have awarded 50 percent). Sometimes, the Veteran may have new evidence that was not considered in the original decision. It is crucial that the Veteran has a knowledgeable attorney to guide them through this process.

The lawyers at Berry Law Firm understand the aspects and nuances of the current VA appeals and claims procedures. They will ensure that your claim meets all VA submission requirements and that it is presented in a well-organized, clear manner. If necessary, they'll escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

The VA is currently working to reduce its backlog of disability claims. The appeals process can be long, and it can take an average of 125 working days to receive the final decision. It is essential to choose an attorney with experience in the field of veterans disability law. They can help you navigate the system and ensure that your application meets all the essential requirements.

If you're not happy with the initial decision made on your claim, a skilled disability lawyer can help you identify your options. There are three options for a decision review: the Supplemental Claims Lane as well as the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your veteran disability attorney will assess your case to determine which option is the best fit depending on your personal situation and increase the likelihood of a favorable outcome.

Your lawyer for veterans disability will assist you in gathering the evidence necessary to prove your claim. This includes medical evidence like your medical documents, test results, and expert testimony. Your lawyer will examine the military credits to which you are entitled based on your employment and service record. This can affect your eligibility for a pension or Social Security benefits.

Medical Evidence

Veterans seeking disability benefits should have complete medical evidence. A lawyer can help get you all relevant medical records, including those of the VA healthcare system. These may include MRIs, CT scans, and treatment notes. The attorney can also assist you in requesting service records and social security files which are crucial to your claim. He can also request that the VA send you to a physician to conduct an C&P examination as a prerequisite for a TDIU or PTSD claim.

It is important that you have enough medical evidence if the VA refuses to grant you an assessment of disability. An experienced lawyer can provide the additional evidence you need for your claim to be approved and obtain the rating you deserve.

He can use statements from people who are not in the military, for example letters from family members and friends to prove that your physical disabilities are having an impact on your life. He can also present statements from your doctor, who will explain the reasons why they believe your ailments are a result of your military service.

A skilled veterans disability attorney can help you fight for the right to get tax-free disability benefits. He can take the stress and burden of dealing with the VA off your shoulders, allowing you to focus on getting better. He can also stand up to VA officials who are unfairly treating you.