Veterans Disability Attorneys

The monthly compensation the veteran receives is based on his or her disability rating. The rating increases or decreases by 10% increments. A New York veterans disability lawyer can ensure that all documents and your application are free of errors and complete to increase your chances of obtaining the highest possible rating.

A qualified veterans disability lawyer can assist with filing a more complex appeal or review and request an official hearing and medical evidence such as an IME or VE when needed. The initial consultations with us are always free.

Appeal

Your New York veterans disability lawyer will apply a comprehensive approach to your appeal, whether you are contesting a denial or rating decision that is not favorable. This will give you the best chance of winning your case. The VA appeals process can be complex and there are strict deadlines for filing in many of the stages. Our attorneys understand the ins and outs of each step and will be at your side to give you one-on-one attention throughout your appeal.

If an experienced veteran isn't happy with an outcome, he or may decide to make a Supplemental Claim or Higher-Level Review of the decision. In this instance, a senior reviewer will scrutinize all of the evidence that you originally submitted for an answer and will determine whether they believe there was an error in your decision. During this time, a veteran can request a personal meeting.

If a veteran isn't satisfied with the outcome of the Higher-Level Review, he or she can move on to the Board of Veterans Appeals. This is a more formal process in which a hearing is held 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 of your arguments and evidence are properly presented and argued correctly in front of the board member.

Higher-Level Reviews

Since February 2019, thanks to the VA Appeals Modernization Act - Veterans now have three pathways in the event that they disagree with the original decision on their claim. Veterans can choose between a Higher Level Review or a Board Appeal. Berry Law Firm will determine which option is best for each Veteran's specific situation.

The Higher-Level Review appeal permits the Veteran to request a fresh look at their case by a seasoned VA Claims Adjudicator that did not take part in the initial decision. The Veteran may also request a private conference with the adjudicator of the highest rank in order to discuss their case.

In certain cases, VA may have incorrectly denied the claim of disability or under-rated a medical issue (granted 30 percent, when they should've given 50 percent). Sometimes the Veteran might have evidence which was not taken into account in the original decision. It is essential that the Veteran has a seasoned attorney to guide them through this procedure.

The lawyers at Berry Law Firm understand the ins and outs of the current VA appeals and claims procedures. They will make sure that your claim meets the requirements for submission by the VA and that your case is presented in a clear, comprehensive way. 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 lengthy, and it can take an average of 150 working days before receiving the final decision. This is why it's crucial to work with a veterans disability attorney who can assist you with the process and make sure that your application meets the appropriate standards.

If you're not happy with the initial decision made on your claim, a seasoned disability lawyer can help decide on your options. There are three options for decision review available to you: the Supplemental Claim Lane or the Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will evaluate your situation to determine which is the best choice depending on your personal circumstances and improve the odds of a successful outcome.

In addition, to ensure that your appeals are in line with the VA's submission guidelines Your veteran disability attorney will also help you gather and present the evidence necessary for success in your appeal. This includes medical evidence like your medical documents and test results. Your lawyer will analyze the military credits to which you are entitled based on your work and service record. This could affect your eligibility for pension or Social Security benefits.

Medical Evidence

A thorough medical record is essential for those seeking disability benefits. An attorney can assist in getting you all relevant medical records, including those of the VA healthcare system. This could include MRIs, CT scans, and treatment notes. The attorney can also help you request service records and social security files which are crucial to your claim. He can also request that the VA send you to a doctor for a C&P examination as a prerequisite for the filing of a TDIU or PTSD claim.

It is crucial to have sufficient medical evidence in case the VA refuses to grant you an impairment rating. An experienced lawyer can present the additional evidence that you need to have your claim accepted and obtain the rating you deserve.

He can use statements from lay people, veterans disability lawyer such as letters written by family and friends, to establish that your disability is having a a significant impact on you. He can also present statements from your medical professionals, who can explain why they believe your conditions are related to your military service.

A reputable veterans disability lawyer can help fight for the right to get tax-free disability benefits. He can help you get rid of the stress and anxiety associated from dealing with the VA, allowing to focus on your recovery. He can also stand up to VA officials who treat you unfairly.