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Benefits of Using a Veterans Disability Lawyer

Veterans with service-connected disabilities are eligible for tax-free financial compensation. The severity of their disability determines the amount of compensation they receive.

When you apply for VA benefits, there are three decision review options should you be given an unfavorable determination. A veteran disability lawyer with years of experience in this process will be able to guide you through it.

Experience

The VA disability program offers tax-free benefits to those who suffer from disabilities that have been caused or aggravated by their military service. While you can apply for these benefits by yourself, utilizing the services of an experienced New York veterans disability lawyer will help you get all the benefits that you are entitled to under the law.

A New York VA attorney will manage the entire filing process from gathering the necessary medical records and documents up to the preparation and submission of your appeal at 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 you must prove that your disabling condition is related to your active military service. This is known as "service connection." In order to be successful, your New York VA lawyer will have to examine your service history and the evidence you present to prove that there is a connection between your condition and your service in the military.

A knowledgeable New York VA disability attorney will have an intimate understanding of the military's culture and what it means to serve your country. This is important, as it will help your attorney better communicate with you and understand your situation during a stressful and difficult moment.

Fees

You could be entitled to compensation for your disability if you are a veteran and you have suffered a severe injury or illness during your military service. It's important to have enough evidence that your health issue is related to military-related injuries or conditions.

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

Accredited VA attorneys have fulfilled certain requirements. They must accept only working on cases that involve veterans. They also have to follow VA guidelines regarding the manner in which they charge their clients. These guidelines include not charging for filing a first claim, and only paying if they successfully win back payment for their client.

Your lawyer could be required to engage a medical expert or a vocational expert, based on the nature of the case to support your claims. These costs are not included in the attorney's agreement. You should be aware of the potential costs prior to contacting an attorney.

Michael Eisenberg, a New York disability lawyer, provides free case consultations to Veterans and their families. He will be clear about fees and potential costs before any arrangement is made, so that your claim stands the best chance of success.

Veterans Representation in the Court of Appeals

A veteran with a claim that is denied by the VA must file an appeal. An experienced veterans disability attorney can assist you in determining the reason for your denial as well as the best method of appealing. They can also help make medical evidence to back your claim. This is a complicated procedure that requires experience to fully comprehend.

A lawyer can work for a fee on contingency which means that you won't need to pay anything unless you succeed. However, it is important to carefully read the attorney's retainer contract prior to hiring an attorney.

A lawyer can also assist you with any other demands that require expert opinions or other types of evidence. This is an important service as it can be difficult for veterans to get the needed information and prove their eligibility for benefits.

If your claim is denied by 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 (listen to this podcast) lawyer can assist you with this request and also represent you against government lawyers. A qualified lawyer could be successful in convincing CAVC that you are entitled to attorney fees under the Equal Access to Justice Act. These fees cannot be taken out of the back pay you receive.

Higher-Level Review

A higher-level review is an appeal to a senior VA claims adjudicator who will review your case to determine whether the original decision needs to be altered. This is a recourse in cases where the original decision was incorrectly interpreted. It is also used when a lower-level adjudicator failed to perform the VA's duty to assist in processing your claim.

Veterans who opt for this option must provide new and relevant evidence. This is the only kind of evidence that is considered in this type of review. In the majority of cases, the highest adjudicator will be different from the one who made the original decision. This is to ensure the process is impartial.

The general rule is that the new adjudicator will not pay any attention to the previous decision in the event that it is favorable to the person seeking to be adjudicated. The new adjudicator is essentially, treating the case like it is being reviewed for a first time.

The new higher level review can be an excellent tool to correct errors in a previous VA decision. However, it should only be used when the error is so obvious and obvious that even reasonable minds would not disagree with it. This kind of error is referred to as a clear and unmistakable error (CUE). If CUE is discovered, the lower-level decision will be reversed.