Benefits of Using a Veterans Disability Lawyer

Veterans with service-connected disabilities are entitled to cash compensation that is tax-free. Compensation rates are determined by the degree of disability.

If you're denied VA benefits, you have three options to reconsider the decision. A veteran disability lawyer who is experienced in the process can guide you through the process.

Experience

The VA disability program provides tax-free reimbursement to those suffering from disabilities that have been caused or aggravated as a result of their military service. You can apply for VA benefits on your own. However, a knowledgeable New York veterans' disability lawyer can make sure you receive all benefits you are entitled to.

A New York VA attorney can handle the entire process of filing your claim, from obtaining all medical records needed and documents, to preparing and filing your appeal to the Veterans Court. A veteran lawyer with experience in handling disability claims will also be able handle any appeals that follow during the lengthy process.

To file a disability claim, 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 that you submit to prove a link between your condition and time serving in the military.

An experienced New York VA disability attorney will have an intimate knowledge of the military's culture and what it means to serve your country. This is important because it will help your attorney to better understand and communicate with you during a difficult and stressful time.

Fees

If you're a veteran and have suffered a severe injury or disease from your service in the military you could be entitled to compensation for disability. It is essential to provide evidence that your health issue is related to service-related conditions.

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

Accredited VA attorneys have fulfilled certain requirements. They must accept only working on cases that involve veterans. They must also follow VA guidelines regarding the manner in which they charge their clients. These guidelines prohibit charging for filing an initial claim and only paying only if they succeed in recovering payment for their client.

Based on the circumstances the lawyer might need to engage an expert in vocational or medical fields to back up the claims you're making. The costs of these experts' are not covered in the fee agreement of your attorney and you must be aware of any possible costs that may be associated with your case before hiring the lawyer.

Michael Eisenberg, a New York disability lawyer, provides free case consultations to Veterans and their families. He will provide clear information about charges and possible costs prior to any arrangement is made, ensuring your claim stands the greatest chance of success.

veterans disability lawyers Representation in the Court of Appeals

Veterans who have had their claim denied by the VA can appeal. An experienced veterans disability attorney can assist in determining the cause 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 very complex process and requires the right experience to understand.

A lawyer will work on an agreed-upon contingency fee basis that means you won't have to pay any fees unless you prevail in your claim. It is crucial to carefully study the retainer contract of an attorney prior to hiring one.

An attorney can also assist you with any additional claims that require expert opinions or other forms of proof. This is a useful service as it can be difficult for veterans to get the information they need and prove their eligibility.

If your claim is denied at the Board of Veterans Appeals, you can ask for an appearance before the U.S. Court of Appeals for Veterans Claims (CAVC). A veterans disability attorney can assist you with this request, and can also represent you against government attorneys. A qualified lawyer may be able to convince the CAVC that you should be granted attorney fees under a federal law known as the Equal Access to Justice Act (EAJA). These fees cannot be taken out of your back pay.

Higher-Level Review

A higher-level review is an appeal to a senior VA claims adjudicator who will evaluate your case to determine if the original decision should be altered. This is used to determine if the original decision was incorrectly interpreted. This can also be used if the lower-level VA adjudicator has failed to follow the VA's duty of aid in settling your claim.

Veteran who chooses to use this option must present new and relevant evidence. This is the only type of evidence that is considered in this type of review. In most instances, the judge in charge will be a different person from the one who made the initial decision. This is done to ensure the process is fair.

In general, the new adjudicator at the higher level will not be influenced by the previous decision, unless it is favorable to the claimant. The new adjudicator, in other words, will treat the case as if being reviewed for the first time.

The new higher-level review could be a powerful instrument to correct mistakes in a prior VA decision. However, it should only be used when the error is so obvious that reasonable minds cannot agree with it. This type of error is known as a clear and distinct error (CUE). If CUE is discovered the lower-level decision will be reversed.