Benefits of Using a
Veterans Disability Lawyer
Veterans with service-connected disabilities are entitled tax-free compensation. The degree of their disability determines their compensation rate.
If you are denied VA benefits, you have three options for re-evaluating the decision. A veteran disability lawyer with experience in this process will be able to guide you through the process.
Experience
The VA disability benefits program provides tax-free reimbursement to those who are suffering from disabilities caused or aggravated due to their service in the military. While you may apply for these benefits on your own, the expertise of a knowledgeable New York veterans disability lawyer can ensure that you are able to receive all benefits you are legally entitled to under the law.
A New York VA attorney will take care of all filing requirements, from gathering the necessary medical records and documents up to preparing and submitting your appeal to the Veterans Court. A veteran attorney with experience in handling disability claims will also be able handle any appeals that follow during the multi-year process.
In order to file a claim for disability it is necessary to prove that your disability is connected to your active military service. This is called "service connection." Your New York VA lawyer must carefully review your service records and the evidence that you provide to prove a link between your condition and the time spent in the military.
A New York VA disability lawyer who has worked with veterans will have profound knowledge of the military culture and the meaning of serving your country. This is important since it can assist your attorney to better understand and communicate with you during a difficult and stressful period.
Fees
You may be entitled to an amount of compensation for a disability if you are a veteran and suffered a serious injury or illness during your military service. It's important that you have enough evidence to meet the legal standard that your condition is the result of service-connected conditions.
If your claim for disability benefits is denied, you'll have to appeal. You should hire an attorney accredited by the Department of Veterans Affairs to represent you.
Attorneys who have been certified by the VA have fulfilled certain conditions, including committing to only work on cases that involve
veterans disability lawsuit. They also have to follow VA guidelines regarding how they charge their clients. These guidelines prohibit charging a fee for filing an initial claim, and only receiving payment if the client succeeds in recovering the money.
Your lawyer may have to hire a medical expert or a vocational expert, based on the nature of the case to help support your claims. These costs are not included in the agreement between the attorney and client. You must be aware of the potential costs prior to hiring an attorney.
Michael Eisenberg, a New York disability lawyer, offers free case consultations to Veterans and their families. He will clearly communicate the costs and fees prior to when any arrangement is made, to ensure that your claim has 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. An experienced
veterans disability attorney will help you determine the reason 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 complicated process and requires the right 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 win your case. It is nevertheless important to carefully review the attorney's retainer agreement prior to hiring an attorney.
An attorney can also help you with any additional claims that require expert opinion or other proofs. This is a vital service because it is hard for veterans to obtain the necessary information and prove their eligibility for benefits.
If your claim was rejected by the Board of Veterans Appeals (BVA) You can file a request for a hearing before the U.S. Court of Appeals for Veterans Claims. A veterans disability lawyer can assist you in filing this request and will represent you against government lawyers. A qualified lawyer may also be in a position to convince CAVC that you are entitled to attorney fees under the Equal Access to Justice Act. These fees cannot be 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 evaluate your case to see whether the decision made originally should be changed. This procedure is utilized to determine if the original decision was incorrectly interpreted. It is also used in cases where a lower-level adjudicator was unable to perform the VA's duty to assist in processing your claim.
A veteran who chooses this option must submit new and relevant evidence. This is the only kind of evidence that is considered in this type of review. In the majority of instances, the adjudicator in charge will be different from the person who made the initial decision. This is to ensure the process is fair.
In general, the new adjudicator at a higher level will not rely on the previous decision except if it is in favor of the claimant. The new adjudicator, in other words, will treat the case like it is being reviewed for a first time.
The new higher-level review can be an excellent tool to correct any errors in a prior VA decision. However, it is only employed when the error is so obvious that reasonable minds cannot disapprove of it. This type of error is known as clear and unmistakable error (CUE). If CUE is found the lower level decision will be reversed.