Veterans deserve disability compensation for injuries they incurred while serving our country, and this includes Veterans in New Mexico, home to approximately 172,717 Veterans. The Census Bureau calculates that roughly 24.7% of these Veterans have a service-connected disability rating (the average state is 17%). However, there are others who may have incurred disabling injuries yet do not have a VA disability rating. A New Mexico VA disability lawyer from Berry Law could help you fight the VA for the disability compensation you are entitled to.
At Berry Law we represent Veterans in every state. We fight for Veterans’ disability appeals at every VA Regional Office in America and take great pride in defending Veterans’ rights. If you have been denied VA benefits or received an inadequate rating or effective date, you could benefit from the help of a New Mexico Veterans disability appeals attorney. Please read on to learn more about how we can help Veterans in New Mexico.
A VA disability claim can begin from any location in the US, regardless of where you currently live.
To get started, you need to complete VA Form 21-526EZ or apply online through the VA eBenefits portal. You can also submit VA Forms 21-4142 and 21-4142a if you want the VA to assist in gathering medical evidence on your behalf. Additional forms may be required if you are filing a claim for Post-Traumatic Stress Disorder (PTSD) or for Total Disability based upon Individual Unemployability (TDIU).
The forms must be signed and dated, packaged with any evidence you wish for the VA to consider, and either mailed to the VA Evidence Intake Center in Janesville, Wisconsin, or faxed to the VA at the number listed on the form. Initial claims generally take several months to process, although they can be expedited for certain reasons, including terminal illness, Veterans over 75 years of age, homelessness, or financial hardship.
It is important to start your claim early to establish an early effective date. Once set, the effective date will not change regardless of how long it takes to fully adjudicate a claim, which may last several years depending on the individual claims you are filing. The importance of the effective date is that the Veteran is entitled to back pay for every month from the final decision date all the way back to the effective date.
You should also know that the effective date can be lost if you don’t maintain appeals for your claims. For instance, if you have 90 days to file a VAF-9 but wait too long to do so, you may have to reopen your claim resulting in a new effective date. This is one reason it is so important to appeal decisions thoroughly, to keep the effective date in place and receive all the compensation for disabilities that you earned. It is important to remember that the effective date for each disability claim is independent, so an earlier effective date for a shoulder claim will usually not apply to an initial claim for PTSD submitted years later.
See below for additional information about appealing VA decisions in New Mexico.
Unfortunately, the VA does not always make the correct decision for a Veteran’s initial claim. When initial claims are denied, given a lower-than-expected rating, or applied to an incorrect effective date, the Veteran has the right to appeal. This is the first step in the VA claims process that a New Mexico VA disability lawyer from Berry Law can help.
There are separate avenues for appeal depending on what kind of mistake the VA made. Berry Law helps simplify the process for our clients, crafting well researched appeals that have been a crucial part of helping Veterans get the compensation they sacrificed for, including back pay. Berry Law has helped its clients recover over $100 Million in backpay over decades of client service.
We have attorneys and advocates in various locations throughout the US, but the location of your attorney does not actually impact the appeals process because it is Federal in nature. This means that you do not technically need a VA disability lawyer in New Mexico. In fact, our team has helped clients in New Mexico and every other state in America, along with Veterans in US territories and foreign countries.
Some appeals processes can last years, but as long as you have preserved your effective date by keeping appeals open, you are entitled to receive back pay for every month that elapsed during the process. The first type of appeal is usually a Notice of Disagreement (NOD). This form notifies the VA that you disagree with the decision that has been made. NODs can be as simple as filling out the form and commenting “I disagree” or can include dozens of pages of supporting material. The Regional Offices in New Mexico are located at: 1501 San Pedro SE, Albuquerque, NM 87108.
The Regional Office responds to NODs with a Statement of Case (SOC), which outlines of the case and is sent to the Board of Veterans’ Appeals (BVA). The BVA will issue a decision that may or may not satisfy the Veteran. If you feel that the BVA has made an incorrect ruling, the next step is to appeal to the CAVC. A New Mexico VA disability lawyer could help determine what step you are at in the appeals process and help you file an effective appeal.
If you would like help appealing a VA decision, please reach out to a New Mexico VA disability lawyer from our team to get more information and a schedule a free consultation.
Not every New Mexico VA disability attorney is equally equipped to help you fight for disability compensation. If you choose to get help from an attorney for preparing and submitting your claim, it is a good idea to select one that will continue working with you throughout the multi-year process and who has represented Veterans with every type of appeal. You may want to use a Firm with a long history of representing Veterans to make sure they will still be representing you if your case lasts for several years. Some firms only recently added Veterans Appeals to their Social Security practice and are not invested in actually helping Veterans.
The most difficult trait to evaluate is how effective your lawyer will be at presenting your case with research, evidence, and arguments. More experience often translates to superior work product, but not always. You may want to read reviews and testimonials from a potential law firm before signing up. You may also want to ask about the level of research they perform on each individual case and what some of their most effective arguments have been in the past. An experienced New Mexico VA disability lawyer should be able to give examples of some previous claims they have appealed.
Military service may also be important to you. Choosing to work with a New Mexico VA appeals lawyer who has military experience can make communicating about difficult issues easier and reduce the amount of time that you need to spend explaining how the military works. Nothing can replace the camaraderie developed through shared service experiences. Will your law firm understand the intense stress of combat?
Lastly, you may want to gauge responsiveness to your inquiry to see how likely the attorney is to help quickly when you really need it.
Berry Law was established by Vietnam Veteran John Stevens Berry, Sr. While in Vietnam, Berry successfully defended the Green Berets in a highly publicized murder case, earning him significant national praise. After leaving the service, he opened his own firm focused on criminal defense, but where he also represented many Veterans on a pro bono basis against the VA. His son, John S. Berry, , is now the Managing Partner of the Firm, and retired as a Lieutenant Colonel from the Nebraska National Guard, where he held multiple Command positions after serving in both Bosnia and Iraq during Active Duty periods. John has helped grow the firm while keeping its roots in military work ethic and values.
In our ranks are Veterans from the Army, Navy, Air Force, and Marine Corps. We have lawyers from each branch, and feature both Officers and Enlisted, who left the service ranking between E2 and O6. Our Veterans have served in Vietnam, Bosnia, Kuwait, Iraq, Afghanistan, at sea, and elsewhere around the world, and have the accompanying ribbon racks of sustained superior service to the country. Also on staff are Reservists and National Guardsmen still attending drill and occasionally mobilizing.
We bring both our passion for the military and our passion for the law to help New Mexico Veterans with their legal needs. Contact a New Mexico VA disability lawyer from our team today to see how we can help.
Berry Law helps Veterans from all over the world, including those in cities throughout New Mexico:
VSOs in New Mexico
Many Veterans utilize VSOs to file initial claims. Certain VSOs are recognized by the VA to help Veterans file claims. If you need help filing an initial claim, we urge you to seek the help of a local VSO, which includes organizations such as AMVETS, The American Legion, and the DAV.
VA Health Care System
Community Based Outpatient Clinic
Vet Center
Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter.
