Benefits of Using a Veterans Disability Lawyer Veterans with disabilities resulting from service-connected are eligible for tax-free compensation. The degree of their disability determines their compensation rate. When you apply for VA benefits There are three decision review options if you get an unfavorable decision. A veteran disability lawyer who has experience in this process will be able to guide you through it. Experience The VA disability program provides tax-free benefits to those suffering from disabilities caused or aggravated by their military service. While you are able to apply for these benefits on your own, utilizing the expertise of a knowledgeable New York veterans disability lawyer can ensure that you receive all benefits you are entitled to under the law. A New York VA attorney can manage the entire process of submitting your claim, from gathering all necessary medical records and documents, to the preparation and filing of your appeal to the Veterans Court. A veteran lawyer with experience in handling disability claims can also manage any appeals following the multi-year process. You must prove that your condition is related to your military service to make a claim. This is known as "service connection." In order to be successful in your claim, your New York VA lawyer will have to examine your service history and the evidence you provide to demonstrate that your condition is linked to and your time in the military. A seasoned New York VA disability attorney will have a deep knowledge of the military culture and what it means to serve your country. This is crucial because it can assist your attorney to better communicate with you during a challenging and stressful period. Fees If you're a veteran who suffered a severe injury or disease from your service in the military and you're eligible to compensation for disability. But, it's vital to have sufficient evidence to satisfy the legal requirements that your condition is the result of service-related conditions. If your claim is denied for disability benefits, you'll need to appeal. It's important to hire an attorney who is accredited by the Department of Veterans Affairs (VA) to represent you. Accredited VA attorneys have been able to meet certain requirements. They must be able to work only on cases involving veterans. They also must adhere to VA guidelines regarding the manner in which they charge their clients. These guidelines include not charging for the filing of an initial claim and only being paid when they are successful in obtaining back pay for their client. Your lawyer may need to engage a medical expert or vocational expert based on the nature of the case to back your claims. The costs of these experts' services are not covered in your attorney's fee agreement, and you should be aware of any possible expenses that could be incurred with your case prior to deciding on the lawyer. Michael Eisenberg is a New York disability attorney who offers free consultations to Veterans and their families. He will clearly communicate costs and fees before any type arrangement is made, so that your claim will have the highest chance of success. Veterans Representation in the Court of Appeals Veterans who have had their claims denied by the VA can appeal. An experienced veteran disability attorney will help you determine the reason for your denial as well as the best method of appealing. They can also help develop medical evidence to support your claim. This is a difficult procedure that requires experience to understand. A lawyer can work for a fee on contingency this means that you won't need to pay anything unless you succeed. It is nevertheless important to carefully review the attorney's retainer agreement prior to deciding to hire an attorney. An attorney can also assist you with any supplemental claims that require expert opinions or other proofs. This is a crucial service since it can be difficult for veterans to find the necessary information and demonstrate their eligibility for benefits. If your claim is denied by the Board of Veterans Appeals, you may request an appeals hearing before the U.S. Court of Appeals for Veterans Claims (CAVC). A veteran's disability lawyer will help you file this request and can represent you in court against government lawyers. A qualified attorney may also be successful in convincing the CAVC that you ought to be awarded attorney's fees under a federal law called the Equal Access to Justice Act (EAJA). These fees are not taken from the back pay you receive. Higher-Level Review A higher-level appeal can be made to a senior VA claim adjudicator. He will examine your case and decide whether the original decision has to be modified. This is usually done when there was an apparent mistake in the interpretation of law or facts in the initial decision. This is also a possibility in cases where an lower-level VA adjudicator fails to follow the VA's requirements for assistance in processing your claim. Veteran who chooses to use this option must provide new and relevant evidence. This is the only kind of evidence that can be considered in this kind of review. In the majority of instances, the person who decides the final decision is not the same person. This is done to ensure that the process is fair. In general, the new adjudicator at an upper level will not rely on the previous decision unless it is favorable to claimant. The new adjudicator, in other words will treat the case as if being reviewed for a first time. The new higher-level review could be a powerful method to correct any errors made in a prior VA decision. It should only be used if the error is so evident that no reasonable person could agree with it. This kind of error is referred to as a clear and distinct error (CUE). If CUE is discovered the lower-level decision will be reversed.