Veterans Disability Lawyers If an New York veteran has an issue with their VA disability compensation rating, they should consider hiring a lawyer. While the law prohibits lawyers from charging fees for assistance with filing a first claim, they are able to charge for assistance in appeals for veterans. A seasoned VA disability lawyer is familiar with all types of hearings in the veterans' appeals procedure. Hearings can be held by the Board of Veterans' Appeals as well as the Decision Review Officer and the Court of Appeals for Veterans Claims. Qualifications A veterans disability lawyer concentrates on representing clients suffering from disabilities that result from military service. They will review your medical records to determine your potential eligibility for benefits. This includes a monthly allowance for care and a compensation that is tax-free. The amount of the benefit is determined by your disability rating, and there are other situations that could allow you to be eligible for additional benefits. These benefits could include additional compensation for a specific disability or "aid-and-attendance" for your spouse in the event that you are disabled and require assistance with your daily activities. The VA is a massive bureaucracy, and it can be a bit difficult to navigate, particularly when deciding what injuries to claim, what information to submit with your application, or the best way to file an appeal. A VA-certified disability attorney to assist you in the process helps make it less stressful and more efficient. They can handle all communication with the VA and offer legal assistance through each step of your claim. When you are choosing a New York veterans disability lawyer Choose a lawyer that is accredited by the VA and has been practicing veterans law for many years. Also, make sure they are well-known in the local area and are in good standing with their New York bar association. In addition, if contesting your VA disability denial or low rating decision to the Court of Appeals for Veterans Claims (CAVC), you'll require an attorney admitted to practice before that court. Experience Veterans who have suffered injury or illness due to their military service and could be eligible for tax-free disability benefits. However the process is complex and intimidating, and it is crucial to work with a New Jersey veterans disability lawyer who understands the nuances of VA law. A competent attorney can guide you through the process of applying as well as gather and compile all the necessary documents, and make sure that they are filed on time. A skilled veteran disability attorney will also assist you in understanding the potential worth of your case. The amount of benefits you receive is contingent on the severity of your condition or injury and how it impacts your daily life. Based on your situation, you may be qualified for Special Monthly Compensation (SMC) which is a higher rate of disability paid in certain cases like the condition that limits your mobility or requires continuous help from others. You may also be eligible for TDIU which is a higher rate of disability which is paid when you are unable to perform your job at a level that is reasonable because of your condition. A knowledgeable veterans disability lawyer can also advise you on whether you may be eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help you determine three different options to review if your VA claim is denied. These include the option of requesting a more formal decision or filing an appeal in the Court of Appeals for Veterans Claims, Washington, DC. Fees Prior to 2007, veterans were allowed to hire an attorney when they received an unsatisfactory decision from the VA that they weren't completely satisfied with (either the denial or less than a fully favorable Rating Decision). Now, you can hire an experienced NYC veteran disability lawyer immediately after receiving an unfavorable rating decision. A reputable disability lawyer can explain your options, such as a Board Appeal or Higher-Level Review or Supplemental Claim. Avoid attorneys who aren't experts in veterans disability law, or who only handle certain cases. VA regulations allow attorneys to charge up 20 percent of the retroactive benefit or award that they receive on behalf of you. This amount is typically directly paid to your attorney by the VA. Your lawyer will be able to help you obtain documents and records from the VA or your doctor hospitals, employers, or other medical professionals. Your lawyer will also suggest obtaining a Medical Examiner and a Vocational Expert to assist you in your case. These experts' fees are not included in the attorney's fees but you should think about whether their services are worth the cost. Your lawyer shouldn't make you feel obligated to hire these experts unless you are a vet on a low income. Appeals A veterans disability lawyer can help you appeal a decision by the Department of Veterans Affairs. There are three different types of appeals: Supplemental Claim, a Higher-Level Review or a Board Appeal. Your lawyer can guide you on which appeal to select and work with you to gather the necessary evidence to submit. There are strict deadlines to file VA disability claims at various stages. Every little mistake can result in being denied. A Morgan & Morgan veterans disability lawyer can ease the burden off of your shoulders by helping you collect medical records, paperwork and then write a convincing case to be considered for approval. The appeal process for appealing a decision made by the VA can be difficult and complex. A veteran disability lawyer in New York can help you through the entire process, which includes hearings in a formal setting before a Veterans Law judge. This is the last step in the appeals process. It could result in an adjustment to your disability rating which will determine how much disability compensation you will receive. If you're not satisfied with the outcome of your claim after an appeal hearing, you may submit an appeal to the Board of Veterans Appeals in Washington, D.C. This is a more extensive appeals procedure, and you have to wait one year from the date of your Ratings Decision to request this option.