The 10 Scariest Things About Veterans Disability Attorneys

Why Using a Veterans Disability Legal Team Is a Good Idea

The process used by the VA to adjudicate claims is morally wrong and infringes the Fifth Amendment's Due Process Clause.

Our lawyers are regularly involved in veterans disability legal matters as well as pursuing appeals following a denial from the VA. We aim to raise the standard for the way veterans can get justice from the VA.

Why should you employ an attorney?

Although it is possible to get assistance from Veterans Service Organization (VSO) however, an attorney can help you get more benefits. Attorneys have expertise handling VA disability claims and are able to navigate the process that can be confusing for the average person. They also know the rules that govern the claims process and can use this knowledge to improve your chances of winning.

If your claim is denied by the court, a seasoned attorney can file an appeal in order to receive the justice you deserve. They can examine your claim to ensure there are no errors in the medical or factual aspect and they can bring in outside opinions for confirmation. They can also make sure that your doctor understands the VA's requirements for establishing service connection.

Find lawyers with extensive experience in representing veterans at every step of the appeals procedure, including remands and remands to the VA and Court of Appeals for Veterans Claims. They should be willing to give information to the public and educate veterans about their rights. You should also find out whether the lawyer has testimonials from happy clients.

How much does a lawyer charge?

The majority of VA disability lawyers will not charge for their services if you require assistance with completing your initial application for benefits. An agent from the Veterans Service Organization is the best option to assist you in this process. But, if you want to challenge a decision that the VA made on your claim or if you require an upgrade to your discharge to be eligible for benefits you should consider working with an attorney.

Lawyers can charge between 20 to 33 percent of the total amount for handling an appeal. They are able to recover these fees from the government if they win your case. Attorneys may also charge fees for correction of military records and discharge enhancement.

But, they should be transparent with you regarding their fees and costs and should include this in a fee agreement that they sign with you. If the VA is able to pay more than 20 percent of a past due benefit or award to your lawyer, they have to send you a check for the amount. They cannot use this money to cover "normal office overhead" because these expenses are not directly related to your claim.

What can an attorney do for You?

Many veterans suffering from disabilities have the right to a variety of benefits, including cash compensation, free or low-cost medical services, education support, and housing assistance. The process to obtain these benefits can be complicated and confusing. A lawyer can help ensure that veterans receive everything they are eligible for.

A disability attorney can assist veterans through the complicated appeals process to a denial of claim. They can assist with determining whether the denial was justified or not, and how to appeal under either the legacy claims system or Appeals Modernization Act, and what type of evidence is needed.

A lawyer can also work to assist a veteran obtain reasonable accommodations at work or at school, as well as other settings. A lawyer can assist a veteran learn what the Americans with Disabilities Act (ADA) stipulates about accommodations, which must be provided in accordance with federal law. They can also assist veterans in filing a discrimination lawsuit against an employer who fails provide reasonable accommodations. This is illegal and could lead to serious consequences for the veteran.

How long will it take to file a claim?

Using the services of a veteran disability lawyer can make the process much more efficient. They can assist you in obtaining the required records and supply all the information required to the VA.

During the initial review, the VA examiner reviews your medical diagnosis and disability service records to determine whether there is a link. They will also examine any evidence that is new and relevant to the case you've provided.

After the representative has recommended a 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 your claim, or has a mistake in the rating, you can opt to submit a Supplemental Claim and have the case reviewed by a senior reviewer. This is not a formal review like the Board of Veterans' Appeals or a Notice of Disagreement. During this period, you may submit new and relevant information to support your supplemental claim. It is essential to act fast, as you have only one year to appeal a decision of this type.

What can an attorney do to help?

The laws enacted by Congress are designed to be supportive of veterans, however the VA is not always willing to interpret them in a way which is in favor of veterans. This is why having an experienced New York disability attorney can assist.

Veterans who are denied a claim by the VA can file a dispute with their local office or directly appeal to the Board of Veterans' Appeals. An attorney can assist veterans throughout the appeals process, which includes a formal hearing before an attorney, if necessary.

An attorney can also assist in cases when a veteran is experiencing difficulty re-employing due their disability. Under USERRA, employers must make reasonable accommodations to allow the veteran to work if it can be proven that their disability is caused by or worsened due to their military service. An attorney can explain the procedure and help an individual veteran complete the necessary paperwork to make sure that their employer is fulfilling the requirements of USERRA. This is a more difficult matter than filing a ADA claim. It is important to hire an experienced lawyer.