Veterans Disability Lawyers

If an New York veteran has an issue with their VA disability compensation rating, they should consider hiring an attorney. While current law prevents lawyers from charging fees for assistance with filing a first claim, they are able to charge to help with a veterans' appeal.

A seasoned VA disability lawyer has experience in all types of hearings that are part of the veterans' appeals process. These include hearings by the Board of Veterans' Appeals and the Decision Review Officer and the Court of Appeals for Veterans Claims.

Qualifications

A veterans disability lawsuits disability attorney focuses on representing clients who have disabilities that result from military service. They will examine your medical records in order to determine your eligibility for benefits. This includes an allowance per month that is tax-free for care and compensation. The amount you will receive is determined by the disability rating. Other situations may make you eligible for additional benefits. These benefits could include compensation for a particular disability or "aid and attendance" for your spouse in the case of a disabled veteran who needs assistance with daily tasks.

The VA is a huge bureaucracy. It can be frustrating to navigate the process, particularly when deciding what injuries to claim, how to file an appeal or what information to include with your application. Having a VA-certified disability attorney to help you through the process can make it easier and more efficient. They are able to handle all communication with the VA and provide legal support throughout the entire process of filing your claim.

When choosing a New York veterans disability lawyer choose a lawyer who is recognized by the VA and has been practicing veterans law for a long time. Also, ensure that they have a positive local reputation and are in good standing with their New York bar associations. If you want to appeal an VA disability denial decision or a 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 the court.

Experience

Veterans who have suffered injuries or illnesses due to their military service, and could be qualified for tax-free disability benefits. The process can be confusing and intimidating, so it's essential to work with an experienced New Jersey veterans disability attorney who is knowledgeable of VA laws. A competent attorney will help you navigate the process, and compile and gather all required documents and ensure that they are filed on time.

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 how it impacts your daily life. Depending on your circumstances you could be qualified for Special Monthly Compensation (SMC), a higher amount of disability payable in certain instances such as when your condition affects your mobility or requires ongoing help from others. You may also be eligible for TDIU which is a greater amount of disability that is paid out when you are unable to work at a reasonable level due to a service-related issue.

A knowledgeable veterans disability lawyer can provide you with information on whether you qualify to receive Social Security disability benefits in addition to your VA benefits. A lawyer can also assist you to navigate the three different options available to you if the VA is unable to approve your claim, including the option of requesting an administrative or higher-level decision review, or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

Prior to 2007 the veterans could only get an attorney in the event of not being satisfied with a VA decision (either refusal or less than a 100% favorable rating decision). Now you can hire an experienced NYC veteran disability lawyer as soon as you receive an unfavorable rating decision.

A reputable disability lawyer can provide options to review your decision, including a Supplemental Claim, Higher-Level Review or Board Appeal. Avoid lawyers who aren't experts in the field of veterans disability law or accept only a few cases.

VA regulations allow attorneys up to 20 percent of the retroactive benefit or award that they receive in exchange for you. In general this amount is paid directly to the attorney from the VA. You and your attorney should talk about the fee arrangement prior to you sign any contract.

Your lawyer can assist you obtain records and documentation from the VA and your doctor hospitals, or employer. Your lawyer may also recommend an Medical Examiner or a Vocational expert to assist you with your case. The fees of these experts are not included in the fees of your attorney, but you should still consider whether their services are worth it. Your lawyer shouldn't make you feel that you are obligated to pay for these experts unless you are 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 kinds of appeals: a Board Appeal, a Higher-Level Review and a Supplemental Claims. Your attorney can advise you on which one to choose and assist you to gather the evidence you need to present.

During the VA disability claims process, there are strict filing deadlines at various stages, and any slight discrepancy could result in the denial. A Morgan & Morgan veterans disability lawyer can take the burden off of your shoulders by helping gather medical records, documents and then write a convincing case to get your claim approved.

The appeals process to contest a decision of the VA can be lengthy and complicated. An experienced New York veteran disability lawyer can help you through the entire process and include an official hearing before an Veterans Law Judge. This is the last step in the appeals process. It could result in an adjustment to your disability score, which will determine the amount of disability compensation you are entitled to.

If you're still not satisfied with the result of your claim following hearing, you can submit an appeal to the Board of Veterans Appeals in Washington, D.C. This is a lengthy appeals process, and you have to request it within one year of the date of your Ratings Decision.