The 10 Most Scariest Things About Veterans Disability Attorneys

Why Using a Veterans Disability Legal Team Is a Good Idea

The plethora of delays veterans face in the adjudication process for claims by the VA are not only morally unacceptable, but they also violate the Due Process Clause of the Fifth Amendment.

Our lawyers regularly deal with legal issues involving disability for veterans disability attorney, including pursuing an appeal following a denial from the VA. We aim to raise the bar for how veterans get justice from the VA.

Why Hire an Attorney

While it is possible to seek help from the Veterans Service Organization (VSO) but an attorney can help you obtain more benefits. Attorneys are experienced in handling VA disability claims and know how to navigate through the process which can be a bit confusing for the average individual. They are also aware of the rules which govern the process and can utilize their knowledge to improve the chances of your success.

If your claim is rejected by the court, an experienced lawyer can file an appeal to get you the compensation you're entitled to. They will carefully examine your claim for medical or factual errors and seek out outside opinions to verify your claim. They can also ensure that your doctor is aware of the VA's requirements for establishing service connection.

Find attorneys who have years of experience representing veterans at every stage of the appeals procedure, including remands back to VA and Court of Appeals for Veterans Claims. They must be able and willing to share information regarding veterans' rights with the general public. You should also find out whether the lawyer has testimonials from happy clients.

How Much Can a Lawyer Charge?

The majority of VA disability lawyers won't charge you for their services if you require help filing an initial application for benefits. Instead a veterans service organization agent can assist you with this procedure. 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 consult with an attorney.

Attorneys are allowed to charge between 20 to 33 percent for the handling of appeals. They are able to receive these fees from the government if they prevail in your case. Attorneys can also charge fees for corrections to military records and discharge enhancement.

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 money cannot be used for "normal office overhead" because these costs aren't 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 financial compensation, free or low-cost medical services as well as education support and housing assistance. The process for getting these benefits can be complicated and confusing. A lawyer can help ensure that a veteran receives all benefits they are entitled to.

A veteran can also get help from a disability attorney to navigate the complex process of appealing an denied claim. They can assist in determining whether the denial was justified, what appeals can be made under the legacy claims act or the Appeals Modernization Act and what type of evidence is required.

A lawyer can assist a veteran obtain reasonable accommodations at their workplace or at school, as well as other situations. A lawyer can assist a vet understand what the Americans with Disabilities Act says regarding the accommodations. They have to be provided according to federal law. They can also help veterans disability lawsuits make a claim for discrimination against an employer that does not provide reasonable accommodations. This is illegal and could result in grave penalties for the veteran.

How Do I File a Claim?

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

In the initial review, the VA examiner will review your medical diagnosis as well as your service records to see whether there is any connection. They will also look at any evidence of relevance and new you've submitted.

Once the rep has made an appropriate decision for your case, they'll prepare a package to send to you with the details of your claim. This can take anywhere between seven and 10 days.

If the VA denies or mistakes in your rating, you are able to submit an Supplemental claim and request that the case be reviewed by with a senior reviewer. This is a more informal review than a Board of Veterans' Appeals or a Notice of Disagreement. During this time you are allowed to submit additional and relevant evidence to your additional claim. It is imperative to act swiftly, as you only have a year to file an appeal of this kind.

How can an attorney help?

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

Veterans who are denied a claim by the VA can file a dispute with their local office, or appeal directly to the Board of Veterans' Appeals. An attorney can help veterans throughout the appeals process, including the formal court hearings should it be required.

A lawyer can also help veterans who are having difficulty finding a job because of disabilities. Employers must 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 explain how this process works and can help veterans complete the correct paperwork to ensure that the employer meets their obligations under USERRA. This is a significantly more complicated matter than filing an ADA claim, and it is important to engage an experienced attorney.