Benefits of Using a Veterans Disability Lawyer

Veterans who have service connected disabilities are eligible for tax-free monetary compensation. Compensation rates are determined by the severity of disability.

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

Experience

The VA disability program offers tax-free payments to those who suffer from disabilities that are aggravated or caused due to their military service. You can apply for these VA benefits on your own. However, a knowledgeable New York veterans' disability lawyer can help ensure that you receive all the benefits you are entitled to.

A New York VA attorney will handle the entire filing process from gathering the necessary medical records and documents up to the preparation and submission of your appeal at the Veterans Court. A veteran lawyer with experience in handling disability claims can also handle any appeals later in the lengthy process.

In order to file a claim for disability it is necessary to prove that your disabling condition is related to your active military service. This is referred to as "service connection." Your New York VA lawyer must be attentive to your service record and the evidence you submit to establish a connection between your condition and time that you served 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 important since it can help your attorney to better communicate with you during a challenging and stressful period.

Fees

If you're a former soldier who suffered a severe injury or illness as a result of your time in the military and you're eligible to disability compensation. It's crucial to show evidence that your medical condition is due to service-related conditions.

If you're denied for disability benefits, you'll need to appeal. You should seek the assistance of an attorney that is accredited by the Department of Veterans Affairs to represent you.

Accredited VA attorneys have been able to meet certain requirements. They must be able to work only on cases involving veterans. They must also follow VA guidelines regarding the way they bill their clients. These guidelines prohibit charging a fee to file an initial claim and only receiving a payment if the client is successful in recovering pay.

Depending on the case the lawyer could need to employ an expert in vocational or medical issues to support the claims you're making. The costs of these experts' services are not included in your attorney's fee agreement and you must be aware of any potential costs that may be associated with your particular case prior to hiring the lawyer.

Michael Eisenberg, a New York disability lawyer, provides free consultations on cases for Veterans and their families. He will clearly communicate costs and fees prior to any arrangement is made, so that your claim has the best possible chance of success.

Veterans Representation in the Court of Appeals

Veterans who have had their claims denied by the VA can appeal. A skilled veterans disability lawyer can help you determine the reasons for your denial, veterans disability lawyer and the best way to appeal. They can also assist in gathering medical evidence to support your claim. This is a difficult process that requires experience to understand.

A lawyer will work on an agreed-upon contingency fee basis that means you won't be liable for any payment unless and until you win your case. However, it's important to carefully review the attorney's retainer agreement prior to deciding to hire an attorney.

An attorney can also assist you with any supplemental claims that require expert opinion or other forms of proof. This is a valuable service as it can be difficult for veterans to obtain the information they require to prove their eligibility.

If your claim is denied at the Board of Veterans Appeals, you can ask for an appeals hearing before the U.S. Court of Appeals for Veterans Claims (CAVC). A veteran's disability lawyer will assist you with this request and represent you against government lawyers. An experienced attorney may be capable of convincing the CAVC that you are entitled to attorney fees under a federal law known as the Equal Access to Justice Act (EAJA). These fees are not deducted from your back pay award.

Higher-Level Review

A higher-level appeal refers to an appeal made to an experienced VA claim adjudicator. They will look over your case and decide whether the original decision needs to be modified. This is used when the original decision was interpreted incorrectly. This can also be used if an lower-level VA adjudicator did not follow the VA's duty of aid in the process of processing your claim.

Veterans who opt for this option must submit new and relevant evidence. This is the only evidence that is considered in this type of review. In most cases, the senior adjudicator will be a different person than the one who made the initial decision. This is to ensure the process is fair.

In general, the new higher-level adjudicator will not give deference to the previous decision unless it is favorable to the plaintiff. In other words, the new adjudicator will handle the case as though it was being reviewed for the first time.

The new higher-level review could be a powerful instrument to correct mistakes in a previous VA decision. However it is only used when the error is so obvious that even reasonable minds would not disapprove of it. This kind of error is known as clear and unmistakable errors (CUE). If CUE is detected the lower level decision will be reversed.