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Benefits of Using a Veterans Disability Lawyer
Veterans with disabilities caused by service are eligible for tax-free compensation. The amount of compensation is determined by the severity of disability.
If you're denied VA benefits You have three options to reconsider the decision. A veteran disability lawyer who is experienced can guide you through the process.
Experience
The VA disability benefits program provides tax-free benefits to those suffering from disabilities that were caused or aggravated by their service in the military. While you can apply for these benefits on your own, using the services of a seasoned New York veterans disability lawyer will help you receive all the benefits that you are legally entitled to under the law.
A New York VA attorney can handle the entire process of submitting your claim, from gathering all the medical records you require and supporting documents to making your appeal and filing it to the Veterans Court. An experienced veteran attorney who has experience in dealing with disability claims will also be able handle any appeals that follow during the lengthy process.
You must prove that your disability is due to your military service to claim. This is known as "service connection." In order to be successful in your claim you and your New York VA lawyer will need to carefully examine your service history and evidence you provide to prove a nexus between your condition and your service in the military.
A New York VA disability lawyer who has experience will have a profound knowledge of the military culture and the importance of serving your country. This is important, as it will allow your attorney to better communicate with you and better understand the situation in a stressful and challenging period of.
Fees
If you're a veteran who has suffered a severe injury or illness during your time in the military and you're eligible to compensation for disability. It's important that you provide evidence to satisfy the legal requirements that your condition is the result of conditions that are related to service.
If your claim for disability benefits is denied, you'll need to appeal the decision. It is crucial to find an attorney who is certified by the Department of Veterans Affairs (VA) to represent you.
Attorneys that are certified by the VA have met a number of requirements, including agreeing to work only on cases involving veterans. They must also follow VA guidelines in regards to how they charge their clients. These guidelines include not charging for filing an initial claim, and only paying if they successfully win back the money for their client.
Your lawyer could be required to engage a medical expert or vocational expert depending on the nature of the case to help support your claims. These fees are not included in the attorney's agreement. You must be aware of all expenses prior to hiring a lawyer.
Michael Eisenberg, a New York disability lawyer, veterans disability attorney provides free initial case consultations for Veterans and their families. He will provide clear information about fees and costs prior to any agreement is made, so that your claim has the best chance of being successful.
Veterans Representation at the Court of Appeals
A veteran with an claim denied by the VA must appeal. An experienced veterans disability attorney can help determine the reasons for your denial as well as the best way to appeal. They can also aid you in gathering medical evidence to support your claim. This is a lengthy process that requires experience to master.
A lawyer will work on a contingency fee which means that you don't owe any money unless you win your case. It is important to carefully review the retainer agreement of an attorney prior to hiring one.
An attorney can also assist you with any supplemental claims that require expert opinion or other forms of proof. This is an invaluable service, since it can be difficult for veterans to obtain the information they require to prove their eligibility.
If your claim is denied at the Board of Veterans Appeals, you can ask for a hearing before the U.S. Court of Appeals for Veterans Claims (CAVC). A veterans disability attorney can assist you with this request, and can also represent you against government lawyers. A qualified attorney may also be in a position to convince the CAVC that you should be granted attorney fees under a federal law known as the Equal Access to Justice Act (EAJA). These fees cannot be deducted from your back pay.
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 is typically used in cases of apparent confusion of law or fact in the original decision. This is also a possibility when an inferior VA adjudicator failed to adhere to the VA's requirement of assistance in the process of processing your claim.
Veteran who chooses to use this option must provide new and relevant evidence. This is the only type of evidence that could be considered in this kind of review. In the majority of instances, the judge in charge will be different from the person who made the original decision. This is to ensure the process is impartial.
In general, the new higher-level adjudicator is not likely to give deference to the previous decision unless it is in favor of the plaintiff. The new adjudicator, in other words, will treat the case as if it were being reviewed for a first time.
The new higher level review is an excellent tool to correct errors in a prior VA decision. It should only be used when the error is so evident that a reasonable person would not disagree with it. This kind of error can be referred to as a clear and distinct mistake (CUE). If CUE is discovered the lower-level decision will be reversed.