The 10 Most Scariest Things About Veterans Disability Attorneys

Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication process is morally wrong and infringes the Fifth Amendment's Due-Process Clause.

Our lawyers handle a range of veterans disability lawyers disability cases, including appealing a VA denial.

Why Hire an Attorney?

While it is possible to get assistance from a Veterans Service Organisation (VSO), an attorney can help you obtain more benefits. Attorneys have expertise handling VA disability claims and know how to navigate through the process which can be complicated for veterans disability attorneys the average person. They are also familiar with the rules that govern the claim process and are able to use their knowledge to increase the odds of a successful claim.

If your claim is rejected by the court, a seasoned attorney can file an appeal to get you the compensation you are entitled to. They can review your claim to make sure there aren't any errors in the medical or factual aspect and they can bring in independent opinions to confirm. They can also make sure that your physician is aware of VA's requirements for establishing service connection.

Find attorneys with vast experience in representing veterans at all levels of the appeals process including remands to the VA and the Court of Appeals for Veterans Claims. They should be willing to communicate information to the general public, and also educate veterans on their rights. Ask the attorney for testimonials.

What is the cost that a lawyer could charge?

The majority of VA disability attorneys do not charge for their services if they're helping you with your first application for benefits. Instead a veterans service organization agent can assist with this process. But, if you want to challenge a decision the VA has made about your claim or if you require an upgrade to your discharge to be eligible for benefits, you should talk to an attorney.

Attorneys are permitted to charge between 20 and 33 percent to handle appeals. They are able to receive these fees from the government if they prevail in your appeal. Attorneys are also able to charge fees for military records correction and discharge upgrade.

But, they should be upfront with you about their fees and costs and should include this in a fee agreement 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 that amount. The VA is not able to use the money for "normal overhead" since these costs are unrelated to your claim.

What Can an Attorney Do for You?

Many veterans with disabilities are entitled to a variety of benefits, including monetary compensation, free or low-cost medical treatment along with education support and housing assistance. The process of obtaining these benefits is complex and confusing. A lawyer can navigate the system to ensure that a veteran receives all the benefits they are entitled to.

A disability attorney can assist veterans with the complicated process of appealing an appeal that is denied. They can help determine whether the decision was correct or not, and what is the best way to file an appeal under either the legacy claim or Appeals Modernization Act, and what type of evidence is required.

A lawyer may also be able to help a veteran get reasonable accommodations in their workplace or school, or in other settings. A lawyer can assist veterans learn what the Americans with Disabilities Act (ADA) provides about these accommodations, which must be provided in accordance with federal law. They can also assist a veteran to file a discrimination lawsuit against an employer that does not provide reasonable accommodations. This is illegal and could result in severe penalties for the veteran.

How Much Time Will It Take to File an Claim?

A veteran disability lawyer can assist you to speed up the process. They can assist you in obtaining the required records and supply the information needed to the VA.

In the initial review, the VA examiner will review your medical diagnosis and records to determine whether there is any connection. They will also scrutinize any new evidence that you have provided.

Once the representative has made a final decision in your case, he will make a document to mail you with all the details of your claim. This can take seven to 10 business days.

If the VA refuses to accept or is unable to correct an error in your rating, you may make a Supplemental claim and have the case reviewed with a senior reviewer. This is a less formal review than a Board of Veterans' Appeals or a Notice of Disagreement. In this period you may submit new and relevant evidence to support your supplemental claim. But it is important that you submit the information promptly because you have only one year to file this type appeal.

What Can an Attorney Do?

The laws enacted by Congress were written with veterans in mind, but the VA does not always interpret them in ways that favor veterans. A seasoned New York disability lawyer can be of great assistance.

Veterans who are denied a claim by the VA can file a dispute with the local office or appeal directly to the Board of Veterans Disability Attorneys' Appeals. An attorney can assist veterans through the entire appeals process, including hearings before an attorney, if necessary.

An attorney can also help in cases where a veteran is having trouble reemploying due to their disability. Employers are required by law to make reasonable accommodations for a veteran who is disabled as a result of their military service or that it has been aggravated. An attorney can help explain the procedure and assist an individual veteran complete the necessary paperwork to make sure that their employer is meeting its obligations under USERRA. This is a more complex issue than submitting an ADA claim. It is essential to find a skilled lawyer.