Benefits of Using a Veterans Disability Lawyer
Veterans with service-connected disabilities are eligible for tax-free compensation. The degree of their disability is the determining factor in the amount of compensation they receive.
If you’re denied VA benefits, you have three options for re-evaluating the decision. A skilled veteran disability lawyer can help you navigate the process.
Experience
The VA disability benefits program offers tax-free relief to those who are suffering from disabilities that were caused or aggravated by their service in the military. While you may apply for these benefits on your own, using the services of a seasoned New York veterans disability lawyer can ensure that you get all the benefits that you are legally entitled to under the law.
A New York VA attorney can handle the entire process of filing your claim, from gathering all necessary medical records and supporting documents to preparing and filing your appeal to the veterans disability lawsuits Court. Additionally, a veteran attorney with years of experience in handling disability claims can deal with any subsequent appeals that could be needed during the lengthy appeals process.
In order to file a claim for disability you must prove that your disabling condition is linked to your active military service. This is referred to as “service connection.” To succeed in your claim and win your case, your New York VA lawyer will need to carefully examine your service history and the evidence you provide to demonstrate a nexus between your condition and your service in the military.
An experienced New York VA disability attorney will have an intimate understanding of the military culture and what it means to serve your country. This is crucial, since it will allow your attorney to better communicate with you and understand the situation during a stressful and difficult time.
Fees
If you’re a former soldier who suffered a serious illness or injury during your military service you may be entitled to disability compensation. However, it’s essential that you can prove to satisfy the legal requirement that your condition is a result of service-connected conditions.
If your claim for disability benefits is denied, you’ll need to appeal. You should find an attorney who is accredited by the Department of Veterans Affairs to represent you.
Attorneys who are certified by the VA meet certain conditions, including committing to only work on cases that involve veterans. They also must adhere to VA guidelines on the way they bill their clients. These guidelines include not charging for the filing of an initial claim, and only receiving payment if they successfully win back pay for their client.
Your lawyer may need to employ a medical expert or vocational expert based on the nature of the case to back your claims. These experts’ fees are not covered in your attorney’s fee contract, and you should be aware of any possible charges that could be associated with your case prior to deciding on the lawyer.
Michael Eisenberg, a New York disability lawyer, offers free initial case consultations for Veterans and their families. He will clearly communicate costs and fees prior to any arrangement is made, so that your claim will have the greatest chance of success.
Representation in the Court of Appeals for Veterans
A veteran with a claim that is denied by the VA must file an appeal. An experienced veterans disability lawyer can assist you in determining the reasons for your denial and the best way to appeal. They can also assist you in obtaining medical evidence to support your claim. This is a lengthy procedure that requires expertise to master.
A lawyer will work on a contingency fee which means that you don’t have to pay any fees unless you prevail in your claim. However, it’s important to read the retainer contract prior to hiring an attorney.
An attorney can also assist you with any claims that require expert opinion or other proofs. This is a useful service as it can be difficult for veterans to obtain the information they require to prove their eligibility.
If your claim has been denied by the Board of Veterans Appeals (BVA) You can file a request for an appeal before the U.S. Court of Appeals for Veterans Claims. A veterans disability lawyer can assist you in filing this claim and represent you against government lawyers. A lawyer with experience may 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 deducted from your back pay award.
Higher-Level Review
A higher-level review is an appeal to an experienced VA claims adjudicator who will look at your case to determine whether the decision made originally should be altered. This is typically used when there was a clear mistake in the interpretation of law or facts in the original decision. This can also be used if an inferior VA adjudicator fails to adhere to the VA’s requirement of assistance in processing your claim.
Veteran who chooses to use this option must submit new and relevant evidence. This is the only evidence that is considered in this type of review. In the majority of instances, the adjudicator who decides the final decision isn’t the same person. This is to ensure the process is fair.
Generally, the new higher-level adjudicator will not pay any attention to the previous decision when it is not in favor of the claimant. In other words, the new adjudicator is expected to treat the case as though it was being reviewed for the first time.
The new higher level review can be an excellent method to correct mistakes in a prior VA decision. It should only be used when the error is so evident that a reasonable person would not be able to disagree with it. This type of error may be described as a distinct and unmistakable mistake (CUE). If CUE is detected the decision at the lower level will be reversed.