Benefits of Using a Veterans Disability Lawyer

Veterans with service-connected disabilities are entitled to tax-free monetary compensation. The severity of their disability will determine the amount of compensation they receive.

If you are applying for VA benefits there are three review options if you receive an unfavorable outcome. A veteran disability lawyer who is experienced in this process will be able to guide you through it.

Experience

The VA disability benefits program offers tax-free relief to those suffering from disabilities that were caused or aggravated by their time in the military. While you are able to apply for these benefits on your own, using the services of an experienced New York veterans disability lawyer will help you receive all benefits that you are legally entitled to under the law.

A New York VA attorney will manage the entire filing process from obtaining the necessary medical records and documents to filing your appeal to the Veterans Court. In addition an attorney who has many years of experience handling disability claims will be able to handle any subsequent appeals that could be needed during the multi-year appeals procedure.

In order to file a claim for disability, you must demonstrate that your disabling condition is linked to your active military service. This is known as "service connection." Your New York VA lawyer must carefully review your service records and the evidence you submit in order to prove a link between your condition and the time you serving in the military.

A New York VA disability lawyer who has worked with veterans will have an in-depth understanding of the military tradition and the importance of serving your country. This is important since it can help your lawyer to better understand and communicate with you during a difficult and stressful period.

Fees

If you're a veteran and have suffered a severe injury or illness during your military service you could be entitled to compensation for disability. However, it's essential to have sufficient evidence to satisfy the legal requirement that your condition is the result of service-connected conditions.

If your claim for disability benefits is denied, then you'll need to file an appeal. It is recommended to hire an attorney who is accredited by the Department of Veterans Affairs to represent you.

Accredited VA attorneys have been able to meet certain requirements. They must accept to only work on cases involving veterans. They also must adhere to VA guidelines on how they charge their clients. These guidelines include not charging for filing an initial claim, and only receiving payment if they successfully win back the client's money.

Depending on the case the lawyer could need to engage a medical or vocational expert to verify the claims you're making. These fees are not included in the agreement between the attorney and client. You should be aware of any potential costs prior to hiring a lawyer.

Michael Eisenberg, a New York disability lawyer, provides free initial case consultations for Veterans and their families. He will clearly explain fees and potential costs before any agreement is signed, ensuring that your claim has the greatest chance of being successful.

Representation in the Court of Appeals for Veterans

Veterans who have had their claim denied by the VA may appeal. An experienced veterans disability lawyer can help you identify the reason for your denial and the best way to appeal. They can also assist you in finding medical evidence to back your claim. This is a complex procedure that requires expertise to comprehend.

A lawyer will work on an agreed-upon contingency fee basis which means that you don't have to pay any fees unless you prevail in your claim. However, it is important to read carefully the attorney's retainer agreement before hiring an attorney.

An attorney can also assist you with any claims that require expert opinions or other forms of proof. This is an important service as it can be difficult for veterans to get the necessary information and demonstrate their eligibility to receive benefits.

If your claim is rejected by the Board of Veterans Appeals, you may request an appeals hearing before the U.S. Court of Appeals for veterans disability attorneys Claims (CAVC). A veterans disability lawyer can assist you in filing this request and also represent you against government lawyers. A qualified attorney may also be in a position to convince the CAVC that you should be granted attorney fees under a law that is federally governed, the Equal Access to Justice Act (EAJA). These fees are not taken from your back pay.

Higher-Level Review

A higher-level review is an appeal to an experienced VA claims adjudicator who will review your case to determine whether the original decision needs to be changed. This is typically used when there is a clear confusion of law or fact in the initial decision. This may also be utilized in cases where a lower-level VA adjudicator has failed to follow the VA's requirements for assistance in processing your claim.

Veteran who decides to take this option must present new and relevant evidence. This is the only type of evidence that can be considered for this type of review. In the majority of cases, the senior adjudicator will be a different person than the one who made the original decision. This is to ensure the process is fair.

In general, the new adjudicator at the higher level is not going to rely on the previous decision unless it is in the favor of the claimant. In other words the new adjudicator will consider the case as though it was being reviewed for the first time.

The new higher-level review is a great instrument to correct errors made in a prior VA decision. It should only be used when the error is so obvious that a reasonable person would not be able to disagree with it. This kind of error could be referred to as a clear and distinct mistake (CUE). If CUE is discovered the lower-level decision will be reversed.