Veterans Disability Attorneys: It's Not As Difficult As You Think

Why Using a Veterans Disability Legal Team Is a Good Idea

The systematic delays veterans confront in the adjudication process for claims by the VA are not only morally unconscionable however, 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 the decision of a VA denial.

Why do you need an attorney?

Although it is possible to get help from a veterans disability attorneys service organization (VSO) however, hiring 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 difficult for the average person. They are also aware of the regulations that govern the process of filing claims and can utilize this knowledge to increase the chances of success.

If your initial claim is rejected An experienced lawyer can file an appeal to get you the compensation you deserve. They can examine your claim to ensure that there are no errors in fact or medical, and they can request independent opinions to confirm. They can also ensure that your doctor understands the VA's requirements for establishing service connection.

Look for attorneys who have 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 able to share information with the general public, and also educate veterans on their rights. Ask the attorney for testimonials.

How Much Does a Lawyer Charge?

The majority of VA disability attorneys will not charge you for their services if they're helping you with your first application for benefits. Instead an organization for veterans agent can assist you with this procedure. However, if you wish to challenge a decision the VA made regarding your claim or if you require an upgrade in your discharge to qualify for benefits, you should consult with an attorney.

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

But, they should be clear with you about their fees and costs and include this information in a fee agreement 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 the amount. They cannot use this money for "normal office overhead" since these expenses aren't related to your claim.

What can an attorney do for You?

Veterans with disabilities could be eligible for many benefits. They can receive monetary compensation, medical care at no or low cost, support for education and housing assistance. The process of getting these benefits can be confusing and complex. A lawyer can assist veterans get all the benefits they are entitled to.

A veteran may also seek assistance from a disability lawyer to navigate the complicated process of appealing a denied claim. They can help determine whether the denial was justified and what appeals can be made under the rules of the legacy claims act, or the Appeals Modernization Act and what kind of evidence is needed.

A lawyer may also be able to assist veterans in obtaining reasonable accommodations for their workplace, school or other settings. A lawyer can help a vet learn what the Americans with Disabilities Act says regarding the accommodations. They must be provided according to federal law. They can also aid the veteran in filing a discrimination lawsuit against an employer that fails to provide them with reasonable accommodations. This is illegal and could lead to severe consequences for the veteran.

How is the time required to file a claim?

Utilizing the services of a veteran disability lawyer can accelerate the process significantly. They can help you obtain the records and provide the information needed to the VA.

During the initial review the VA examiner checks your medical diagnosis and records to see whether there is a connection. They will also review any evidence that is new and relevant to the case you've submitted.

After the rep has recommended a decision for your case, they will prepare a package to send to you with information about your claim. It could take anywhere from seven to 10 business days.

If the VA refuses to accept your claim or is unable to correct the rating, veterans disability attorney you can choose to submit a Supplemental Claim and have the case analyzed by a senior reviewer. This is an informal review, not as formal as the Board of Veterans' Appeals or a Notice of Disagreement. In this period you are able to submit new and relevant evidence to your supplementation claim. It is crucial to act fast, as you have only one year to appeal a decision of this type.

What Can an Attorney Do?

The laws passed by Congress are designed to be kinder to Veterans disability attorney, but the VA is not always willing to interpret them in a way which is in favor of veterans. A knowledgeable New York disability lawyer can be of great assistance.

Veterans who are denied an appeal by the VA can file a grievance with their local branch, or appeal directly to the Board of Veterans' Appeals. An attorney will help a veteran with the entire appeals process, including a formal hearing before an attorney, if necessary.

Lawyers can also assist those who are experiencing difficult finding work because of an impairment. Under USERRA, employers must make reasonable accommodations to return the veteran to work if it is established that their disability is due to or caused by their military service. An attorney will explain how this works and will assist an individual veteran complete the proper paperwork to ensure that the employer is meeting their obligations under USERRA. This is a more complex issue than submitting an ADA claim, so it is essential to work with an experienced attorney.