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Veterans Disability Attorneys

The amount of compensation the veteran receives is based on his or her disability rating. The rating can increase or decreases by 10 percent increments. A knowledgeable New York veterans disability attorney can help ensure that your application and all supporting documents are accurate and error-free to improve your chances of receiving the best possible rating.

A qualified veterans disability attorney can also assist in filing a higher-level review or appeal and can also request a formal hearing and medical evidence, such as an IME or VE, as needed. Our initial consultations are complimentary.

Appeals

Your New York veterans disability lawyer will take an integrated approach to your appeal, regardless of whether you are appealing a denial or rating decision that is not in your favor. This will give you the best chance of winning your case. The VA appeals process is complicated and has many short deadlines at various stages. Our lawyers are familiar with the ins and outs of each step and will be at your side, giving you personal attention throughout your case.

If a veteran disagrees with a decision made, he or her could file a Supplemental Claim. During this time the senior reviewer will look over the evidence you provided for a decision in order to determine if there was an error. Veteran may also request a private hearing during this time.

If a veteran is not satisfied with the outcome of the Higher-Level review, they may move on to the Board of Veterans Appeals. This is a formal process which involves hearings before the Board of Veterans Appeals. Your New York veteran disability attorney will work with a decision-review officer and a judge to ensure that all your evidence and arguments are effectively presented and argued front of the board member.

Higher-Level Reviews

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

The Veteran can request a higher-level review by an VA Claims adjudicator that was not involved in the decision making process. The Veteran may also request a confidential meeting with the adjudicator who is the senior to discuss their case.

In certain instances, the VA might have wrongly 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 evidence that the original decision didn't take into account. It is crucial that the Veteran has a seasoned attorney to guide them through the procedure.

Berry Law Firm's attorneys are well-versed in the VA's current claims and appeals process. They will ensure that your claim is in compliance with all VA criteria for submission and ensure that it is presented in a structured clear and concise way. If necessary, they'll escalate your claim to an appeals Board of Veterans' Appeals.

Legacy Reviews

The VA is currently trying to reduce the backlog of disability claims. The appeals process is often lengthy and could take an average of 125 working days to receive an official decision. This is why it is essential to employ a veterans disability attorney who can assist you in navigating the system and ensure that your application meets the required standards.

A knowledgeable disability lawyer can advise you on your options for requesting a decision review if you are unsatisfied with the initial decision taken on your claim. There are three decision review options available which include the Supplemental Claim Lane The Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your experienced disability lawyer will evaluate your case and decide on the best route for your situation to increase your chances 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 help you gather and present the evidence necessary to prove your claim. This includes medical evidence such as your medical documents, test results, and expert testimony. Your lawyer will also look into the special military credits you are entitled to according to your service and work history. This can impact your eligibility for benefits such as a Social Security benefit or pension.

Medical Evidence

Veterans who seek disability benefits must provide thorough medical evidence. An attorney can help you get all the relevant medical records from private sources and also those from the VA healthcare system. These records could include MRIs and CT scans as along with treatment notes. The attorney can also help you obtain important documents such as social security records and service documents that are relevant to your claim. He can also ask the VA to send you to a doctor for an C&P examination, which is a prerequisite for a TDIU claim or PTSD claim.

It is vital to have the right medical evidence if the VA refuses to grant you the disability rating. A knowledgeable attorney will be able to provide you with the additional evidence you need to get your claim accepted and get the rating you deserve.

You can also use lay statements, like letters from family and friends members, to prove that your physical limitations have significant effects on your daily activities. He may also submit medical documents from your physicians who will explain why they believe that your conditions are a result of your military service.

A reputable veterans disability attorney can help you fight to claim tax-free disability benefits. He can ease the stress and strain of dealing with the VA off your shoulders and let you concentrate on improving your condition. He can also stand up to VA officials who are treating you unfairly.