Benefits of Using a Veterans Disability Lawyer

Veterans who have service connected disabilities are entitled to cash compensation that is tax-free. The severity of their disability is the determining factor in their compensation rate.

If you are applying for VA benefits there are three review options in the event of an unfavorable result. A veteran disability lawyer who is experienced can guide you through the process.

Experience

The VA disability program provides tax-free payments to those who suffer from disabilities caused or aggravated as a result of their military service. While you can apply for these benefits by yourself, utilizing the services of a skilled New York veterans disability lawyer can help ensure that you get all the benefits you are entitled to under the law.

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 to the Veterans Court. In addition, a veteran attorney with years of experience in handling disability claims can handle any subsequent appeals that are required during the lengthy appeals process.

You have to prove that your disability is due to your military service to submit a claim. 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 medical condition and time that you served in the military.

A knowledgeable 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, as it will allow your attorney to better communicate with you and comprehend your situation in a stressful and challenging time.

Fees

You could be eligible for compensation for a disability if you are a veteran and have suffered a severe illness or injury during your time in the military. It is essential to provide evidence that your medical condition is due to the service-related condition.

If your claim is denied for disability benefits, you will be required to appeal. It is essential to choose an attorney who is certified by the Department of Veterans Affairs (VA) to represent you.

Attorneys who have been certified by the VA have met a number of requirements, such as agreeing to work only on cases involving veterans. They also must adhere to VA guidelines regarding the manner in which they charge their clients. These guidelines prohibit charging a fee to file an initial claim and only receiving a payment if their client is successful in recovering their pay.

Based on the circumstances, your lawyer may need to hire an expert in vocational or medical issues to help support the claims you're making. The costs of these experts' services are not covered in the fee agreement of your attorney and you should be aware of any expenses that could be incurred with your case prior to hiring the lawyer.

Michael Eisenberg is a New York disability attorney who offers free consultations to Veterans and their families. He will clearly communicate costs and fees prior to any type arrangement is made, to ensure that your claim will have the highest chance of success.

Veterans Representation at the Court of Appeals

Veterans who have had their claim denied by the VA may appeal. An experienced veterans disability attorney can assist in determining the cause for your denial as well as the best method of appealing. They can also help you develop medical evidence to support your claim. This is a difficult process that requires experience to understand.

A lawyer will work on a contingency fee basis, which means you don't be liable for any payment unless and until you are successful in settling your claim. It is nevertheless important to carefully read the attorney's retainer agreement prior to deciding to hire an attorney.

A lawyer can also assist you with any other claims that require an expert's opinion or other evidence. This is a vital service as it can be difficult for veterans to obtain the necessary information and demonstrate their eligibility to receive benefits.

If your claim has been rejected by the Board of Veterans Appeals (BVA), you can request a hearing before the U.S. Court of Appeals for Veterans Claims. A veterans disability attorney can assist you in this request, and can also represent you against government lawyers. A qualified attorney may also be able to convince the CAVC that you should be awarded attorney fees under a federal law called the Equal Access to Justice Act (EAJA). These fees are not deducted from the back pay you receive.

Higher-Level Review

A higher-level appeal is one that is made to an experienced VA claim adjudicator. He will examine your case and determine if the original decision needs to be altered. This is done when the initial decision was interpreted incorrectly. It can also be used in cases where an lower-level VA adjudicator failed to follow the VA's duty of aid in the process of processing your claim.

Veteran who chooses to utilize this option must provide fresh and relevant evidence. This is the only type of evidence that can be considered for this type of review. In most instances, the person who makes the final decision is not the same person. This is done to ensure that the decision is fair.

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

The new higher-level review can be a powerful instrument to correct errors made in a previous VA decision. However it should only be employed when the error is so obvious and clear that even reasonable minds would not be able to disagree with it. This type of error can be described as a clear and unmistakable mistake (CUE). If CUE is detected the lower level decision will be reversed.