So You ve Bought Veterans Disability Attorneys ... Now What

Veterans Disability Lawyers

When a New York veteran has an issue with their VA disability compensation rating, they should think about hiring a lawyer. The law currently prohibits lawyers from charging fees for the initial claim however, they can charge for assistance in appeals.

An experienced VA disability lawyer is familiar with all types of hearings that are part of the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of Veterans' Appeals hearings as well as Court of Appeals for Veterans Claims hearings.

Qualifications

A veteran's disability lawyer concentrates on representing clients suffering from disabilities stemming from military service. They look over your medical records to determine your potential eligibility for benefits. This includes an allowance of care per month and a tax-free amount. The amount of the benefit is determined by your disability score, and there are other conditions that could allow you to be eligible for additional benefits. These benefits could include compensation for a specific disability or "aid-and-attendance" for your spouse if you're a disabled veteran and need assistance with daily activities.

The VA is a huge bureaucracy and it can be frustrating to navigate, especially when you have to decide what injuries to claim, what to submit with your application, or the best way to file an appeal. A VA-certified disability lawyer can make the process less stressful and more efficient. They can handle all communication with the VA and offer legal support throughout the entire process of filing your claim.

When selecting a New York veterans disability law firms disability lawyer, look for someone who is recognized by the VA and has been practicing law for veterans for many years. Also, ensure that they have a positive local reputation and are a member of their New York bar associations. If you want to appeal a 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 ill-advised as a result of their military service may be eligible for tax-free disability benefits. However the process is difficult and confusing, and it is important to work with a New Jersey veterans disability lawyer who is familiar with the nuances of VA law. A competent attorney can guide you through the application process and help you gather all required documents, and ensure that they are completed on time.

A veteran disability lawyer can help you understand the importance of your claim. The amount of benefits you receive depends on the severity of your illness or injury and how it impacts your daily life. In the event of a medical condition you could be eligible for Special Monthly Compensation (SMC), a higher percentage of disability that is paid in certain cases such as the condition that limits your mobility or requires ongoing assistance from others. You may also qualify for TDIU which is a higher level of disability that is paid when you are unable to perform your job at a level that is reasonable 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 help navigate three different options for review in the event that your VA claim is denied, including asking for a higher-level ruling or filing an appeal with the Court of Appeals for Veterans Claims, Washington, DC.

Fees

Prior to 2007, veterans were allowed to hire an attorney only after they had received a decision from VA that they weren't satisfied with (either the denial or less than a fully favorable Rating Decision). You are now able to hire an experienced NYC veteran lawyer for disability when you get an unsatisfactory rating decision.

A reputable disability lawyer can explain your options, including a Board Appeal or a Higher-Level Review or Supplemental Claim. Avoid attorneys who do not specialize in the field of veterans disability law or only take on a few cases.

VA regulations allow attorneys to charge up to 20 percent of any retroactive benefit or award that they receive for you. Generally, this amount will be directly to the attorney through the VA. You and your attorney should discuss the fee arrangement prior to you sign any type of agreement.

Your lawyer is competent to assist you with obtaining documents and records from the VA and your doctor hospitals, employers, or doctors. Your lawyer will likely suggest obtaining a Medical Examiner and a Vocational Expert to assist with your case. These experts' fees are not included in the fee of your attorney, but you should still be evaluating whether their services are worth the cost. Your lawyer shouldn't force you to feel obligated to pay for these experts unless you are an active vet with a limited income.

Appeals

A veteran disability lawyer can assist you in appealing the decision of the Department of Veterans Affairs. There are three types of appeals: one called a Board Appeal, a Higher-Level Review, and Supplemental Claims. Your attorney can help you decide which type of appeal to choose and help you gather the evidence you must present.

There are strict deadlines for filing VA disability claims at different stages. A single mistake can result in an denial. A Morgan & Morgan veterans disability lawyer can take the burden off of your shoulders by assisting you to collect medical records, paperwork and then write a convincing case to get your claim approved.

The appeal process for the VA can be lengthy and difficult. A veteran disability lawyer in New York can help you through the entire process, including hearings in a formal setting before an Veterans Law judge. This is the last step of the appeals procedure and could result in changes to your disability rating, which will determine how much disability compensation you will receive.

If you're still not satisfied after the hearing, you can appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a more extensive appeals process and you'll need to wait a year from the date of your Ratings Decision to request this option.