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Veterans Disability Attorneys

A veteran's monthly monetary compensation is based on their disability rating, which is a process that increases or decreases in 10-percent increments. An experienced New York veterans disability attorney can ensure that your application and supporting documents are complete and error-free, which will increase your chances of getting the most favorable rating.

A qualified veterans disability attorney can also assist with filing a higher-level review or appeal as well as requesting an official hearing and medical evidence like an IME or VE or IME, if needed. Initial consultations with us are always free of charge.

Appeal

Your New York veterans disability lawyer will take an integrated approach to your appeal, whether you are appealing a denial or a rating decision that is not favorable. This will give you the best chance of winning your case. The VA appeals process is complex and there are numerous small deadlines at different stages. Our attorneys can provide you with one-on-1 assistance throughout your appeal. They are aware of the ins and outs of each step.

If a veteran is dissatisfied with the decision by the judge, they could decide to submit an additional claim. In this case the senior reviewer will scrutinize all the evidence you initially submitted to an opinion and determine if they believe there was a mistake in your decision. Veterans may also request a private hearing during this period.

If a veteran isn't satisfied with the results of the Higher-Level Review they may move on to the Board of Veterans Appeals. This is a more formal process where a hearing takes place before the Board of Veterans Appeals. During this time the New York veteran disability benefits attorney will work with the decision review officer and a judge to ensure that all of your evidence is presented and debated in a proper manner in front of an appeals board member.

Higher-Level Reviews

veterans disability lawsuits who disagree with their initial decision regarding their claim have three options as of February 2019. This is because of the VA Appeals Modernization Act. Veterans can choose to go for 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 Appeal appeal, the Veteran to request a new review of their case by a knowledgeable VA Claims Adjudicator who did take part in the initial decision. The Veteran can also request a confidential meeting with the adjudicator's senior judge to discuss their case.

In some cases, VA may have incorrectly denied the claim of disability or under-rated a medical issue (granted 30 percent when they should have awarded 50 percent). Sometimes the Veteran may have new evidence that was not taken into account in the original decision. It is crucial that a Veteran has an experienced lawyer to guide them through the procedure.

Berry Law Firm's lawyers are well-versed in the VA's current claims and appeals procedure. They will ensure that your claim is in line with the standards for submission required by the VA and that your case is presented in a clear, comprehensive way. They will also be able to take your case to the Board of Veterans' Appeals, if necessary.

Legacy Reviews

The VA is currently trying to reduce the backlog of disability claims. However, the appeals process is still lengthy and takes an average of 125 calendar 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 that your application is in line with the proper standards.

If you are not satisfied with the initial decision taken on your claim, a seasoned disability lawyer can help you decide on your options. There are three options to seek a decision review one of which is the Supplemental Claims Lane, the Higher Level Review Lane, or the appeals to the Board for Direct Review Lane. Your veteran disability lawyer will review your case and choose the best option for your circumstances to increase the likelihood of a successful outcome.

In addition to ensuring your appeals meet the VA's submission criteria, your veterans disability attorney can also assist you with gathering and present the evidence you need to support your appeal. This includes medical evidence like your medical records and test results. Your lawyer will examine the military credits to which you are entitled based upon your work and service record. This can affect your eligibility for pension or Social Security benefits.

Medical Evidence

Veterans who seek disability benefits should have complete medical evidence. A lawyer can assist you obtain all relevant private medical records in addition to those from the VA healthcare system. These records could include MRIs and CT scans, as well as treatment notes. Additionally, an attorney can help you request service records as well as social security files that are important for your claim. He can also request that the VA send you to a doctor for an C&P exam as a prerequisite for an TDIU or PTSD claim.

It is important that you have enough medical evidence if the VA refuses to grant you the disability rating. A knowledgeable attorney can provide you with the additional evidence you require to be able to get your claim endorsed and receive the credit you deserve.

He can make use of lay-based statements, like letters from family members and friends members, to help establish that your limitations have a significant impact on your daily life. He can also submit medical statements from your doctors who will explain why they believe that your conditions are linked to your military service.

A good veteran's disability attorney can assist you in fighting for tax-free benefits. He can ease the stress and strain associated having to deal with the VA, allowing to focus on your recovery. In addition, he can confront the VA officials who are treating you unfairly.