Benefits of Using a Veterans Disability Lawyer

Veterans with disabilities that are connected to service are entitled tax-free compensation. Compensation rates are determined based on the severity of disability.

When you apply for VA benefits there are three review options if you get an unfavorable result. A skilled veteran disability lawyer can guide you through the process.

Experience

The VA disability program provides tax-free compensation to those suffering from disabilities that are aggravated or caused by their military service. While you can apply for these benefits on your own, the services of a seasoned New York veterans disability lawyer will ensure that you are able to receive all benefits that you are legally entitled to under the law.

A New York VA attorney will take care of all filing requirements starting with gathering the required medical records and documents up to preparing and submitting your appeal at the Veterans Court. In addition, a veteran attorney with years of experience handling disability claims can deal with any subsequent appeals that are required during the multi-year appeals process.

You must prove that the disability is due to your military service in order to claim. This is referred to as "service connection." To win your case you and your New York VA lawyer will need to carefully examine your military service history as well as the evidence you present to prove a nexus between your condition and your service in the military.

A New York VA disability lawyer who has experience will have a profound knowledge of the military tradition and the importance of serving your country. This is crucial because it will help your attorney to better communicate with you during a difficult and stressful time.

Fees

If you're a former soldier who suffered a serious injury or illness as a result of your service in the military you could be entitled to disability compensation. It's crucial that you provide evidence to satisfy the legal requirement that your condition is a result of conditions that are related to service.

If you are denied a claim for disability benefits, you will need to appeal. You should seek the assistance of an attorney that is accredited by the Department of veterans disability attorneys Affairs to represent you.

Accredited VA attorneys have been able to meet certain requirements. They must agree to only work on cases that involve veterans. They also must adhere to VA guidelines regarding how they charge their clients. These guidelines prohibit charging for filing a first claim, and only paying if they successfully win back the money for their client.

Depending on the case your lawyer may have to hire an expert in vocational or medical issues to support the claims you're making. These fees are not included in the agreement between the attorney and client. Be aware of all potential costs prior to hiring a lawyer.

Michael Eisenberg, a New York disability lawyer, offers free case consultations to Veterans and their families. He will provide clear information about charges and fees prior the time any arrangement is made to ensure that your claim will have the highest chance of success.

Representation in the Court of Appeals for Veterans

Veterans who have had their claim denied by the VA can appeal. A skilled veterans disability lawyer can assist you in determining the reason for your denial, and the best way to appeal. They can also assist you to develop medical evidence to support your claim. This is a lengthy procedure that requires expertise to master.

A lawyer will work on a contingency fee which means that you don't be liable for any payment unless and until you win your claim. However, it is important to carefully review the attorney's retainer agreement before hiring an attorney.

An attorney can also help you with any supplemental claims that require expert opinions or other proofs. This is a crucial service as it can be difficult for veterans to get the required information and prove their eligibility to receive benefits.

If your claim has been rejected by the Board of Veterans Appeals (BVA) You can file a request for Veterans Disability an appointment with the U.S. Court of Appeals for Veterans Claims. A veterans disability lawyer can help you file this request and can represent you in court against government lawyers. A competent attorney might be successful in convincing the CAVC that you are entitled to attorney fees under a law that is federally governed, the Equal Access to Justice Act (EAJA). These fees cannot be taken out of your back pay.

Higher-Level Review

A higher-level appeal is an appeal made to a senior VA claim adjudicator, who will examine your case and decide if the original decision needs to be revised. This is used when the original decision was incorrectly interpreted. It can also be used when a lower-level adjudicator failed to perform the VA's responsibility to assist in processing your claim.

Veterans who opt for this option must present new and relevant evidence. This is the only kind of evidence that can be considered in this kind of review. In the majority of instances, the adjudicator in charge will be different from the one who made the original decision. This is to ensure the process is fair.

In general, the new adjudicator will not pay any attention to the previous decision unless it is in favor of the claimant. In other words, the new adjudicator will treat the case as if it was being reviewed for the first time.

The new higher level review can be a powerful instrument to correct errors made in a previous VA decision. However, it is only used when the error is so obvious and clear that reasonable minds can't disapprove of it. This type of error may be described as a clear, unmistakable mistake (CUE). If CUE is found the decision at the lower level will be reversed.