Veterans Disability Attorneys

A veteran's monthly monetary compensation is determined by their disability rating, which is a process that increases or decreases in 10-percent increments. An experienced New York veterans disability attorney will ensure that your application and supporting documents are correct and error-free to increase your chances of receiving the highest possible rating.

A qualified veterans disability attorney can also assist with filing a more complex appeal or review, as well as request a formal hearing and medical evidence, such as an IME or VE when needed. Our initial consultations are complimentary.

Appeal

Your New York veterans disability lawyer will apply a comprehensive approach to your appeal, regardless of whether you are appealing a denial or rating decision that is not favorable. This will give you the most chance of winning your case. The VA appeals procedure is a bit complicated and there are numerous deadlines for appeals at various stages. Our attorneys will provide one-on-one assistance throughout your case. They are familiar with the ins and outs of every step.

If a veteran does not agree with a decision, he or may decide to pursue a Supplemental Claim or Higher-Level Review of the decision. During this time the senior reviewer will look over all the evidence submitted for a decision in order to determine if there was an error. Veterans can also request a personal hearing during this period.

If a veteran does be satisfied with the results of a Higher Level Review, he or she may appeal to the Board of Veterans Appeals. This is a formal procedure that includes hearings before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision review officer and a judge to make sure that all arguments and evidence are correctly presented and argued in front of the board member.

Higher-Level Reviews

Veterans who disagree with an initial decision about their claim have three options available since February 2019. This is due to the VA Appeals Modernization Act. A Veteran may choose to pursue a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will determine which option is most appropriate for each Veteran's specific situation.

Using the Higher-Level Appeal appeal, the Veteran to request a fresh review of their case with an experienced VA Claims Adjudicator that did not take part in the initial decision. The Veteran may also request a confidential conference with the senior adjudicator to discuss their case.

In certain cases, the VA may have incorrectly denied an application for disability or under-rated the severity of a condition (grant 30 percent for PTSD when they should have given 50 percent). In other cases, the Veteran might have new evidence that the initial decision didn't take into account. It is imperative that the Veteran has a seasoned lawyer to guide them through the procedure.

Berry Law Firm's lawyers are well-versed in VA's current appeals and claims procedure. They will ensure that your claim is compliant with all VA requirements for submission and that it is presented in a well-organized, clear way. If necessary, they will escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

The VA is currently working to reduce its backlog of disability claims. However, the appeals process is still lengthy and takes an average of 125 days to receive an answer after submitting your claim. This is why it's so important to hire a veterans disability attorney who can guide you through the system and ensure your application meets the appropriate standards.

A knowledgeable disability lawyer can help you determine your options for seeking a decision review if you are dissatisfied with the initial decision made regarding your claim. There are three options to seek a decision review that you can choose from: the Supplemental Claims Lane, the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your case to determine which is the best fit for your individual circumstances and improve the odds of a positive outcome.

In addition to ensuring that your appeals meet the VA's submission standards, your veterans disability attorney will also assist you in gathering and present the evidence necessary to be successful in your appeal. This includes medical evidence, such as your medical documents and test results. Your lawyer will review the military credits to which you are entitled based upon your work and service record. This can impact your eligibility to receive an Social Security benefit or pension.

Medical Evidence

Veterans who are seeking disability benefits must have thorough medical evidence. An attorney can assist in getting 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 help you request important documents, such as social security records and service records that are relevant to your claim. He can also request that the VA send you to a physician for an C&P examination which is required for an TDIU or PTSD claim.

If the VA refuses to grant you a disability claim, it is important to have enough medical evidence to make an appeal. An experienced attorney can provide the additional evidence you require for your claim to be approved and secure the ratings you deserve.

He can use statements from people who are not in the military, for example letters written by family members and friends to prove that your disabilities have an impact on you in a significant way. He could also submit statements from your doctors, Veterans disability attorney who can explain the reasons why they believe your ailments are a result of your military service.

A skilled veterans disability lawsuits disability lawyer can assist you to fight to receive tax-free disability benefits. He can take the stress and burden of dealing with the VA off your shoulders and let you concentrate on improving your condition. He can also stand against VA officials who are unfairly treating you.