Benefits of Using a Veterans Disability Lawyer

Veterans who have service connected disabilities are eligible for tax-free compensation. The amount of compensation is determined by the degree of disability.

If you are applying for VA benefits there are three review options should you be given an unfavorable determination. A skilled veteran disability lawyer can guide you through the process.

Experience

The VA disability benefits program provides tax-free compensation for those suffering from disabilities that were caused or aggravated due to their service in the military. While you may apply for these benefits by yourself, utilizing the services of a skilled New York veterans disability lawyer can ensure that you receive all the benefits that you are entitled to under the law.

A New York VA attorney can handle the entire process of filing your claim, from collecting all necessary medical records and documents, to preparing and filing your appeal with the Veterans Court. A veteran lawyer with experience in handling disability claims can also handle any appeals later in the multi-year 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." To succeed in your claim, your New York VA lawyer will have to examine your service record and the evidence you provide to prove that there is a connection between your condition and your service in the military.

A New York VA disability lawyer with experience will have profound knowledge of the military culture and the meaning of serving your country. This is important since it can help your lawyer to better communicate with you during a challenging and stressful time.

Fees

If you're a former soldier who suffered a severe injury or illness as a result of your time in the military you may be entitled to compensation for disability. It's crucial to show evidence that your illness is caused by the service-related condition.

If your claim for disability benefits is denied, you'll have to file an appeal. You should seek the assistance of an attorney 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. They must also follow VA guidelines on how they price their clients. These guidelines include not charging a fee for filing an initial claim, and only receiving payment if their client is successful in recovering pay.

Based on the circumstances, your lawyer may need to engage an expert in vocational or medical issues to support the claims you're making. The costs of these experts' services are not covered in the attorney's fee agreement 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 initial consultations with a disability lawyer for Veterans and their families. He will be clear about the costs and fees prior to when any type arrangement is agreed upon, ensuring that your claim will have the highest chance of success.

Representation in the Court of Appeals for Veterans

Veterans who have had their claim denied by the VA may appeal. An experienced los alamitos veterans disability law firm disability lawyer can help you identify the reasons for your denial, and the best way to appeal. They can also assist you develop medical evidence to support your claim. This is a difficult process and requires the right expertise to grasp.

A lawyer will work on an agreed-upon 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 important to carefully study the retainer contract of a lawyer prior to hiring one.

A lawyer can also assist you with any additional claims that require expert opinion or other forms of evidence. This is a vital service since it can be hard for veterans to obtain the necessary information and demonstrate their eligibility to receive benefits.

If your claim has been denied by the Board of Veterans Appeals (BVA), you can request an hearing before the U.S. Court of Appeals for Veterans Claims. A veterans disability lawyer can assist you with this request and represent you against government lawyers. A qualified lawyer may be successful in 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 from your back pay award.

Higher-Level Review

A higher-level appeal is one that is made to an experienced VA claim adjudicator, who will look over your case and decide whether the original decision has to be revised. This is done when the original decision was misinterpreted. This can also be used if an lower-level VA adjudicator fails to follow the VA's requirements for assistance in the process of processing your claim.

Veteran who selects this option must submit new and relevant evidence. This is the only kind of evidence that will be considered in this type of review. In the majority of instances, the person who makes the final decision is not the same person. This is done to ensure the process is fair.

In general, the new adjudicator will not pay any attention to the previous decision when it is not in favor of the person seeking to be adjudicated. In other terms, 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 errors in a prior VA decision. However, it should only be utilized when the error is so obvious that reasonable minds can't agree with it. This type of error is known as clear and unmistakable error (CUE). If CUE is detected, the lower level decision will be reversed.