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Veterans Disability Attorneys

The monthly amount the veteran receives is based on his or her disability rating. The rating is increased or decreases by 10 percent increments. An experienced New York veterans disability attorney can ensure that your application and supporting documents are accurate and error-free to increase your chances of getting the best possible rating.

A qualified veterans disability attorney can also assist with filing a higher-level review or appeal and can also request an official hearing and medical evidence like an IME or VE in the event of need. The initial consultations with us are always complimentary.

Appeals

If you're appealing a flat-out rejection or a negative rating decision or a rating decision that you are not happy with, your New York veterans disability benefits lawyer will use a comprehensive approach to ensure you stand the best chance of winning your appeal. The VA appeals process is complex and there are a few filing deadlines during many phases. Our attorneys can provide you with one-on-1 assistance throughout your case. They are knowledgeable of every step.

If a veteran disagrees with a decision taken by the judge, they may choose to submit an additional claim. In this time, a senior reviewer examines all the evidence you submitted for a decision and determines if there was an error. During this time, veterans may request a personal meeting.

If a veteran is not satisfied with the results of the Higher-Level Reviews, they can move on to the Board of Veterans Appeals. This is a more formal process where a hearing will be held before the Board of Veterans Appeals. During this time, 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 debated in a proper manner before the board member.

Higher-Level Reviews

Since February 2019 - thanks to the VA Appeals Modernization Act - Veterans now have three pathways when they disagree with the initial decision on their claim. A Veteran could choose to pursue a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze the best option for the particular Veteran's needs.

The Veteran can request a higher-level review by a VA Claims adjudicator who wasn't involved in the original decision. The Veteran may also request a confidential meeting with the adjudicator's senior judge in order to discuss their case.

In some instances, VA may have incorrectly denied an application for disability or under-rated a medical condition (granted 30 percent when they should have awarded 50 percent). In other instances the Veteran may have new evidence that the initial decision didn't take into account. It is crucial that Veterans have an experienced lawyer to guide them through the process.

The attorneys at Berry Law Firm understand the ins and outs of the current VA claims and appeals processes. They will make sure that your claim meets all VA submission standards and that it is presented in a structured and concise manner. If necessary, they'll escalate your claim to a Board of Veterans' Appeals.

Legacy Reviews

VA is trying to reduce the backlog of disability claimants. The appeals process can be lengthy, and it can take an average of 120 working days to get a final decision. This is why it is so important to hire a veterans disability attorney who can assist you with the system and ensure your application is in line with the proper standards.

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

In addition to ensuring that your appeals are in line with the VA's submission criteria, your veterans disability attorney will also assist you in gathering and present the evidence you need for success in your appeal. This includes medical evidence, such as your medical documents and test results. Your lawyer will also examine the military special credits you are entitled to depending on your work and service history. This can impact your eligibility to receive an Social Security benefit or pension.

Medical Evidence

A thorough medical record is essential for those seeking disability benefits. A lawyer can assist you gather all the relevant private medical records in addition to those from the VA healthcare system. These records could include MRIs and CT scans as along with treatment notes. Attorneys can also assist you obtain important documents such as social security records and service records that are relevant to your claim. He can also ask the VA to send you to a doctor for a C&P exam which is required for an TDIU claim or PTSD claim.

If the VA refuses to grant you a disability claim, it is important to have sufficient medical evidence to appeal. An experienced lawyer can provide the additional evidence you require to be able to get your claim approved and help you get the rating you deserve.

He can also use statements from individuals who are not professionals, such as letters written by family members and friends to prove that your disabilities are having significant effects on you. He can also submit statements from your doctors, who can provide reasons why they believe that your disabilities are related to your military service.

A good veteran disability lawyer can help you fight for the right to receive tax-free disability benefits. He can take the stress and strain of dealing with the VA off your shoulders and let you concentrate on improving your condition. He can also speak up to VA officials who treat you unfairly.