Why Using a Veterans Disability Legal Team Is a Good Idea

The plethora of delays veterans face in the VA's claims adjudication procedure are not only morally unconscionable, but they also violate the Due Process Clause of the Fifth Amendment.

Our lawyers deal with a variety of disability cases for veterans that include appealing an VA denial.

Why Hire an Attorney

Although it is possible to receive help from a Veterans Service Organization (VSO), an attorney can help you get more benefits. Attorneys have experience in handling VA disability claims and are able to navigate through the process that can be complicated for the average person. They also understand the regulations that govern the process of filing claims and can use this knowledge to increase your chances of obtaining success.

If your initial claim is denied an experienced lawyer will appeal the decision to ensure you receive the compensation you deserve. They can examine your claim to ensure that there are no mistakes in the facts or medical aspect, and they can bring in an outside opinion to confirm. They can also verify that your doctor is familiar with the VA's requirements to establish connection to services.

Search for attorneys with vast experience in representing veterans at every level of the appeals process, including remands back to VA and Court of Appeals for Veterans Claims. They should be able to share information with the general public and inform veterans on their rights. You should also find out whether the lawyer has testimonials from happy clients.

What is the average cost a lawyer can charge?

Most VA disability lawyers won't charge for their services if you need help filing an initial application for benefits. Instead an organization that serves veterans agent can aid you in this process. If you are looking to upgrade your discharge to qualify for benefits or to appeal an VA decision, you should take a look at consulting with an attorney.

Attorneys are able to charge between 20 and 33 percent for handling an appeal and they can obtain these fees from the government if they win your appeal. Attorneys are also allowed to charge fees for corrections to military records and discharge upgrades.

However, they must be upfront with you about their fees and costs and should be able to include this in a fee agreement that they sign with you. If the VA pays more than 20 percent of a past due award or benefit to your lawyer, they have to send you a check for that amount. The VA cannot utilize the money for "normal overhead" as these expenses are not connected to your claim.

What can a lawyer do for You?

Many veterans with disabilities have access to a wide range of benefits, such as the possibility of monetary compensation, no or low-cost medical treatments along with education support and housing assistance. The process for getting these benefits is complex and confusing. An attorney can help veterans get all the benefits they are entitled to.

A disability attorney can also assist veterans with the procedure of appealing a denied claim. They can assist with determining the properness of the denial, what is the best way to file an appeal under either the legacy claims system or Appeals Modernization Act, and what type of evidence is needed.

A lawyer can help veterans disability law firms receive reasonable accommodations at their workplace, school, or other environments. A lawyer can help a vet to understand what the Americans with Disabilities Act says about the accommodations. They must be provided in accordance with federal law. They can also assist an individual in filing a discrimination lawsuit against employers who fail to provide reasonable accommodations. This is illegal and could lead to serious consequences for the veteran.

How do I make an insurance claim?

Using the services of a veterans disability lawyer can accelerate the process significantly. They can assist you in getting the records needed and provide the required information to the VA.

In the initial review, the VA examiner reviews your medical diagnosis as well as your service records to determine whether there is any connection. They will also examine any new evidence you've submitted.

After the representative has made the final decision in your case, the representative will prepare a package to mail you with all the details of your claim. This can take anywhere from seven to ten business days.

If the VA rejects your claim or is unable to correct the rating, you may opt to file a Supplemental Claim and have the case analyzed by a senior reviewer. This is a less formal review than the Board of Veterans' Appeals or a Notice of Disagreement. During this time you can submit new and relevant information to support your supplemental claim. It is crucial to act swiftly, as you have only one year to file an appeal of this type.

How can a lawyer help?

The laws passed by Congress were written with veterans in mind, however the VA doesn't always interpret the laws in ways that are beneficial to veterans. This is why having an experienced New York disability attorney can help.

If the VA doesn't give an application, veterans can file a notice of disagreement with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can assist veterans throughout the appeals process, which includes hearings before a judge, if necessary.

A lawyer can also assist a veteran who is having difficult finding work due to the disability. Under USERRA, employers must make reasonable accommodations to return a veteran to work when it can be shown that their disability is due to or aggravated due to their military service. An attorney will explain the process and assist veterans file the appropriate paperwork to ensure that the employer is meeting their obligations under USERRA. This is a more complicated issue than submitting an ADA claim. It is essential to hire an experienced lawyer.