Benefits of Using a Veterans Disability Lawyer
Veterans who have service connected disabilities are entitled to tax-free financial compensation. The degree of their disability is the determining factor in the amount of compensation they receive.
If you are denied VA benefits There are three options to reconsider the decision. A skilled veteran disability lawyer will assist you in the process.
Experience
The VA disability benefits program offers tax-free compensation for those suffering from disabilities caused or aggravated through their service in the military. While you can apply for these benefits on your own, using the expertise of a knowledgeable New York veterans disability lawyer can help ensure that you receive all benefits you are entitled to under the law.
A New York VA attorney can handle the entire process of submitting your claim, from collecting all medical records required as well as documents, to making your appeal and filing it with the Veterans Court. A veteran attorney with experience in dealing with disability claims will also be able to handle any subsequent appeals during the multi-year process.
To file a disability claim you must prove that your disability is related to your active military service. This is referred to as "service connection." Your New York VA lawyer must carefully review your service records and the evidence that you submit in order to prove a link between your condition and time serving in the military.
A New York VA disability lawyer who has worked with veterans will have deep understanding of military tradition and the importance of serving your country. This is crucial as it will help your attorney better communicate with you and better understand your situation in a stressful and challenging time.
Fees
You could be eligible for the compensation you deserve for a disability when you are a veteran and suffered a severe illness or injury during your time in the military. It's crucial that you provide evidence to meet the legal standard that your condition is a result of service-connected conditions.
If you're denied for disability benefits, you'll be required to appeal. You should hire 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 that involve
veterans disability lawsuits. They must also adhere to VA guidelines regarding the way they bill their clients. These guidelines prohibit charging a fee for filing an initial claim, and only receiving payment if the client is successful in recovering their pay.
Your lawyer could be required to hire a medical expert or a vocational expert, based on the nature of the case in order to prove your claims. The fees of these experts are not covered in your attorney's fee agreement and you should be aware of any costs that may be associated with your particular case prior to hiring the lawyer.
Michael Eisenberg, a New York disability lawyer, offers free initial consultations with a disability lawyer for Veterans and their families. He will clearly communicate costs and fees before any type arrangement is made, to ensure that your claim has the greatest chance of success.
Representation in the Court of Appeals for
veterans disability lawsuitsVeterans who have had their claims denied by the VA can appeal. An experienced veterans disability attorney can help determine the reasons for your denial and the best way to appeal. They can also aid you in getting medical evidence to support your claim. This is a lengthy process that requires experience to comprehend.
A lawyer will work on a contingency fee basis that means you won't owe any money unless you prevail in your claim. It is nevertheless important to read the retainer contract prior to hiring an attorney.
A lawyer can also assist you with any additional demands that require expert opinions or other evidence. This is an important service since it can be difficult for veterans to obtain the required information and prove their eligibility for benefits.
If your claim is denied by the Board of Veterans Appeals, you may request a hearing before the U.S. Court of Appeals for Veterans Claims (CAVC). A
veterans disability lawyer can assist you in filing this claim and can represent you in court against government lawyers. An experienced attorney may be capable of convincing the CAVC that you should be granted attorney fees under a federal law known as the Equal Access to Justice Act (EAJA). These fees are not taken out of your back pay award.
Higher-Level Review
A higher-level review is an appeal to a senior VA claims adjudicator who will look at your case to determine if the original decision should be changed. This is used in cases where the original decision was interpreted incorrectly. It can also be used in cases where a lower-level VA adjudicator failed to comply with the VA's obligation to provide assistance in processing your claim.
Veterans who opt for this option must present new and relevant evidence. This is the only kind of evidence that could be considered in this kind of review. In most cases, the senior adjudicator will be different from the person who made the initial decision. This is to ensure the process is fair.
In general, the new higher-level adjudicator will not pay any attention to the previous decision when it is not in favor of the plaintiff. In other words the new adjudicator will consider the case as if it was being examined for the first time.
The new higher-level review can be an excellent tool to correct any errors in a previous VA decision. However it should only be employed when the error is so obvious that even reasonable minds would not be able to disagree with it. This kind of error is known as clear and unmistakable errors (CUE). If CUE is found the decision at a lower level will be reversed.