Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication process is amoral and violates the Fifth Amendment's Due-Process Clause.

Our lawyers handle a range of veterans disability cases that include appealing the decision of a VA denial.

Why Hire an Attorney

It is possible to get assistance from Veterans Service Organization (VSO) however, an attorney can help you obtain more benefits. Attorneys have expertise handling VA disability claims and are able to navigate the process which can be difficult for the average person. They are also familiar with the rules that govern the process of filing claims and can utilize their knowledge to increase the chances of your success.

If your claim is denied by the court, an experienced lawyer can bring an appeal to get you the compensation you're entitled to. They will review your claim to ensure that there are no errors in fact or medical, and they can bring in outside opinions for confirmation. They can also make sure that your doctor understands the VA's requirements to establish service-connection.

Find attorneys with vast experience in representing veterans at all levels of the appeals procedure, including remands to the VA and the Court of Appeals for Veterans Claims. They must be able and willing to share information regarding veterans' rights with the public. You should also determine whether the lawyer has testimonials from satisfied clients.

How Much Can a Lawyer Charge?

The majority of VA disability lawyers won't charge you for their services if you need assistance in filing your first application for benefits. Instead, a veterans service organization agent can help with this procedure. If you are looking to upgrade your discharge to be eligible for benefits or to appeal an VA decision, you may consider consulting with a lawyer.

Attorneys are able to charge between 20 to 33 percent for the handling of appeals. They can obtain these fees from the government if they win your appeal. Attorneys may also charge charges for military record correction and discharge upgrades.

They should explain their fee structure to you and include it in the fee agreement. If the VA is able to pay more than 20 percent of a past due benefits or awards to your lawyer, they must send you a check for the amount. The VA cannot use the money to pay for "normal overhead" because these expenses are not directly related to your claim.

What Can a Lawyer Do for You?

Veterans with disabilities could be eligible for many benefits. These include monetary compensation, medical treatment at no or low cost, educational assistance and housing aid. The process to obtain these benefits can be complex and complicated. An attorney can help veterans get all the benefits they are entitled to.

A disability attorney can help a veteran through the complicated procedure of appealing an appeal that is denied. They can help determine whether the denial was justifiable, what appeals can be made under the legacy claims act or Appeals Modernization Act and what kind of evidence is required.

A lawyer may also be able with a veteran to ensure reasonable accommodations at their workplace or school, or in other settings. A lawyer can assist a vet learn what the Americans with Disabilities Act says regarding these accommodations. They must be provided in accordance with federal law. They can also assist the veteran in filing a discrimination suit against employers who fail to provide reasonable accommodations. This is illegal and could cause severe consequences for the veteran.

How Long Will It Take to File a Claim?

Utilizing the services of a veterans disability lawyer can speed up the process considerably. They can assist you with obtaining the required records and supply the information needed to the VA.

During the initial review process, the VA examiner will review your medical diagnosis and record to see whether they are linked. They will also scrutinize any evidence of relevance and new you've provided.

Once the representative has made the final decision in your case, the representative will create a package to send you with all the details of your claim. It can take between seven and ten days.

If the VA denies or has an error in your rating, then you can submit a Supplemental claim and request that the case be reviewed by a senior reviewer. This is not a formal review like the Board of veterans disability attorney' Appeals or a Notice of Disagreement. During this period you can file new or relevant evidence to support your claim as a supplemental one. It is crucial to act quickly, since you only have one year to appeal a decision of this kind.

What can a lawyer do to help?

The laws enacted by Congress were written with veterans in mind. However, the VA doesn't always interpret the laws in ways that are beneficial to veterans disability attorney. A seasoned New York disability lawyer can be of great assistance.

Veterans who are denied a claim by the VA can file a disagreement with their local office, or appeal directly to the Board of veterans disability attorneys' Appeals. An attorney can assist veterans through the entire appeals process, which includes an official hearing before an adjudicator, if needed.

An attorney can also assist with a case where a veteran has difficulty regaining employment due to their disability. Under USERRA, employers must provide reasonable accommodations to allow the veteran to work if it can be shown that their disability is due to or caused due to their military service. An attorney can explain how this works and can help an individual veteran complete the proper paperwork to ensure that the employer is in compliance with the requirements of USERRA. This is a far more complex process than filing an ADA claim, so it is imperative to employ an experienced attorney.