14 Common Misconceptions Concerning Veterans Disability Attorneys

Veterans Disability Lawyers

If a veteran living in New York has a problem with their VA disability rating, they may want to engage a lawyer. While the law prohibits lawyers from charging for assistance in filing an initial claim, they may charge for assistance in a veterans' appeal.

A VA disability lawyer with experience is well-versed in all types of hearings that are part of the veterans' appeals procedure. These include Decision Review Officer Hearings, Board of veterans disability law firm' Appeals hearings and Court of Appeals for Veterans Claims hearings.

Qualifications

A veterans disability lawyer is focused on representing clients with disabilities that result from military service. They review your medical records to determine your eligibility for benefits, which includes the monthly allowance for medical expenses and compensation that is tax-free. The amount of the benefit is determined by your disability rating and there are additional circumstances that may qualify you for additional benefits. These benefits could include compensation for a particular disability or "aid-and-attendance" for your spouse if you're disabled and require help with everyday activities.

The VA is a huge bureaucracy that can be difficult to navigate, particularly when it comes to deciding which injuries to claim, what you should include in your application, or the best way to file an appellation. A disability lawyer who is certified by the VA can help you make the process less stressful and more efficient. They are able to handle all communication with the VA and provide legal advice throughout the process of submitting your claim.

When selecting a New York veterans disability lawyer Look for a lawyer who is certified by the VA and has been practicing veterans law for many years. Also, ensure that they have a great local reputation and are a good member of their New York bar associations. If you want to appeal an VA disability denial or low rating decision before the Court of Appeals for Veterans Claims and appeals, you'll need an attorney who is admitted to practice in the court.

Experience

Veterans have been injured or sick due to their military service and may be qualified for tax-free disability benefits. However the process is complex and intimidating, and it is important to consult an experienced New Jersey veterans disability lawyer who is knowledgeable of the specifics of VA law. A knowledgeable attorney can guide you through the application process to gather and compile all the required documents, and make sure that they are filed 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 affects your daily routine. You could be eligible for Special Monthly Comp (SMC) which is a greater rate of disability benefit that is granted in certain conditions. For instance in cases where your condition hinders your mobility or requires ongoing assistance from others. You may also qualify for TDIU. This is a higher-rate disability that is paid if you are unable to work at a decent level because of a condition related to your service.

A knowledgeable veterans disability lawyer can help you determine if you may be eligible for Social Security disability benefits in addition to your VA benefits. A lawyer can help you navigate the three different options to review your claim if the VA will not approve your claim, which includes request an administrative or a higher-level decision review or filing an appeal with the Court of Appeals for Veterans Claims in Washington, DC.

Fees

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

A good disability lawyer will be able to explain the options available to review your decision including a Supplemental Claim, a Higher-Level Review or Board Appeal. You should avoid attorneys who don't limit their services to the law governing veterans disability or take on only one or two cases at one time.

VA regulations permit attorneys to charge up to 20 percent of the retroactive benefit or award that they win for you. Generally this amount is directly to the attorney through the VA. You and your attorney should negotiate the fee arrangement before you sign any type of agreement.

Your lawyer can assist you obtain documentation and records from the VA as well as your doctor, hospitals, or employers. Your lawyer will also suggest obtaining a Medical Examiner and a Vocational Expert to assist with your case. These experts' fees aren't a part of your attorney's fees, but you should consider whether the costs of their services are worth it. Your lawyer shouldn't make feel obligated to hire these experts unless you're an armed forces veteran with a low income.

Appeals

A veterans disability lawyer can assist you in appealing a decision of the Department of Veterans Affairs. There are three different types of appeals: a Supplemental Claim, a Higher-Level Review or a Board Appeal. Your attorney can advise you on which type to choose and assist you to gather the evidence you need to present.

There are strict deadlines to file VA disability claims at various stages. Any small error can result in a denial. A Morgan & Morgan veterans disability lawyer can ease the burden off of your shoulders by helping you get medical records, paperwork and even write a convincing case to get your claim approved.

The VA's appeal process is lengthy and complicated. A veteran disability lawyer in New York can help you through the entire process, which includes a formal hearing before an Veterans Law judge. This is the final step of the appeals procedure and could result in an adjustment to your disability rating, which will determine how much disability compensation you will receive.

If you're not satisfied after the hearing, you can appeal to the Board of Veterans Appeals, located in Washington, D.C. This is a long appeals process, and you have to request it within one year from the date of your Ratings Decision.