A qualified veterans disability law firm disability lawyer can assist with filing a more complex appeal or review and can also request a formal hearing and medical evidence such as an IME or VE, as needed. Initial consultations are complimentary.
Appeal
Your New York veterans disability lawyer will employ a comprehensive approach to your appeal, whether you are appealing a denial or rating decision that is not in your favor. This will give you the most chance of winning your case. The VA appeals process can be complex and there are short filing deadlines throughout the various stages. Our lawyers know the ins and veterans disability lawyer outs of each step and will be at your side to provide one-on-one focus during your appeal.
If a veteran is dissatisfied with a decision made then he or she could decide to file an additional claim. In this instance, a senior reviewer will evaluate all of the evidence that you initially submitted to an opinion and determine whether they believe there was an error in your decision. Veterans can request a hearing on their behalf during this period.
If a veteran is not satisfied with the results of the Higher-Level Reviews, he or she can move to the Board of Veterans Appeals. This is a formal process which involves hearings before the Board of Veterans Appeals. During this time, your New York veteran disability benefits attorney will work with the decision review officer and a judge to ensure all of your evidence is properly presented and argued appropriately before the board member.
Higher-Level Reviews
Veterans who disagree with their initial decision regarding their claim have three options from February 2019. This is because of the VA Appeals Modernization Act. A Veteran may choose to go for a Higher Level Review, a Supplemental Claim or a Board Appeal. Berry Law Firm will analyze which option is best for the particular Veteran’s needs.
Using the Higher-Level Review appeal permits the Veteran to request a fresh look at their case by a seasoned VA Claims Adjudicator who didn’t participate in the original decision. The Veteran may also request a confidential meeting with the adjudicator who is the senior in order to discuss their case.
In some cases there are instances where the VA may have incorrectly denied an application for disability or under-rated a condition (grant 30 percent for PTSD when they should have given 50 percent). In other instances the Veteran may have evidence that the initial decision didn’t take into account. It is crucial that the Veteran has a seasoned attorney to guide them through the procedure.
The advocates at Berry Law Firm understand the ins and outs of the current VA appeals and claims processes. They will make sure that your claim meets the standards for submission required by the VA and that your claim is presented in a clear and comprehensive manner. If necessary, they will escalate your claim to a Board of Veterans’ Appeals.
Legacy Reviews
The VA is currently trying to reduce the backlog of disability claims. However the appeals process still a lengthy process, and it takes an average of 125 days to receive the decision following the filing of your claim. It is essential to choose an attorney with experience in the field of veterans disability law. They can help you navigate the process and make sure that your application meets the essential requirements.
If you’re not happy with the initial decision taken on your claim, a seasoned disability lawyer can assist you to identify your options. There are three decision review options available that you can choose from: the Supplemental Claim Lane The Higher-Level Review Lane or an Appeals to the Board for Direct Review Lane. Your veteran disability lawyer will assess your case and decide on the most appropriate option for your specific circumstances, thereby increasing your chances of a successful outcome.
Your attorney for veterans disability will help you gather the evidence necessary to prove your claim. This includes medical evidence, like your medical documents and test results. Your lawyer will look into the military credits to which you are entitled based upon your work and service history. This can affect your eligibility for a pension or Social Security benefits.
Medical Evidence
Veterans who seek disability benefits should have complete medical evidence. An attorney can assist in getting you all relevant medical records, including those from the VA healthcare system. They could include MRIs, CT scans, and treatment notes. Additionally, an attorney can assist you in requesting service records as well as social security files that are essential to your claim. He can also request that the VA send you to a physician to conduct an C&P exam that is a requirement for an TDIU or PTSD claim.
If the VA denies you a disability rating, it is important to have medical evidence to make an appeal. An experienced lawyer can present the additional evidence you require for your claim to be approved and help you get the rating you deserve.
He can make use of statements from people who are not in the military, for example letters written by family and friends to prove that your disabilities have significant effects on you. You can also submit medical records from your doctor who can provide evidence of how they believe your ailments are linked to your military service.