Benefits of Using a Veterans Disability Lawyer

Veterans with disabilities that are connected to service are eligible for tax-free compensation. Compensation rates are determined by the degree of disability.

If you are applying for VA benefits, there are three decision review options if you receive an unfavorable determination. A veteran disability lawyer who is experienced in this process can assist you through it.

Experience

The VA disability benefits program provides tax-free reimbursement to those suffering from disabilities caused or aggravated through their service in the military. While you are able to apply for these benefits on your own, using the services of a seasoned New York veterans disability lawyer will ensure that you receive all the benefits you are entitled to under the law.

A New York VA attorney can handle the entire process of filing your claim, from collecting all medical records needed and documents, to the preparation and filing of your appeal with the Veterans Court. An experienced veteran attorney who has experience in dealing with disability claims will also be able manage any appeals following the lengthy process.

To file a disability claim you must prove that your disabling condition is related to your active military service. This is called "service connection." Your New York VA lawyer must carefully examine your service record and the evidence that you provide to establish a connection between your condition and the time serving in the military.

A New York VA disability lawyer with experience will have an understanding of the military's culture and the significance 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 time.

Fees

If you're a former soldier who suffered a serious injury or disease from your time in the military, you may be entitled to disability compensation. It is essential to provide evidence that your medical condition is due to service-related conditions.

If your claim for disability benefits is denied, you'll have to appeal. It is recommended to hire an attorney accredited by the Department of Veterans Affairs to represent you.

Accredited VA attorneys have met certain requirements. They must agree to only work on cases that involve veterans. They must also follow VA guidelines on the way they bill their clients. These guidelines include not charging a fee to file an initial claim and only receiving payment if their client succeeds in reclaiming pay.

Your lawyer might need to hire a medical expert or vocational expert depending 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 contract, and you should be aware of any possible expenses that could be incurred with your particular case prior to hiring the lawyer.

Michael Eisenberg, a New York disability lawyer, offers free consultations on cases for Veterans and their families. He will clearly communicate costs and fees prior to any arrangement is made, to ensure that your claim will have the highest chance of success.

Representation in the Court of Appeals for Veterans

Veterans who opt for this option must submit new and relevant evidence. This is the only type of evidence that is considered for this type of review. In most instances, the adjudicator in charge will be a different person than the person who made the initial decision. This is to ensure the process is fair.

In general, the new adjudicator at an upper level is not going to rely on the previous decision except if it is in favor of the claimant. The new adjudicator is essentially, treating the case as if it were being reviewed for a first time.

The new higher-level review could be a powerful tool to correct errors in a previous VA decision. It should only be used when the error is so evident that a reasonable person would not agree with it. This kind of error is known as a clear and unmistakable error (CUE). If CUE is found, the lower level decision will be reversed.