15 . Things That Your Boss Wishes You Knew About Veterans Disability Attorneys

Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication system is morally indefensible and violates the Fifth Amendment's Due-Process Clause.

Our attorneys regularly handle cases involving veterans disability, including pursuing an appeal following a denial by the VA. We aim to raise the bar on how veterans get justice from the VA.

Why do you need to hire an attorney?

Although it is possible to get help from the Veterans Service Organization (VSO) An attorney can help you obtain more benefits. Attorneys are aware of the VA disability claims process and can help navigate the process, which can be often confusing for the average individual. They are also knowledgeable about the rules which govern the process and can utilize their knowledge to improve your chances of success.

If your initial claim is rejected an experienced lawyer will make an appeal to secure the compensation you deserve. They will review your claim to make sure there aren't any errors in the medical or factual aspect and can even bring in independent opinions to confirm. They can also make sure that your doctor is aware of the VA's requirements for establishing service-connection.

Look for attorneys who have extensive experience representing veterans at all levels of the appeals process including remands to VA and the Court of Appeals for Veterans Claims. They must be able and willing to share information about veterans' rights to the general public. Request testimonials from the attorney.

How much does a lawyer charge?

Most VA disability attorneys will not charge you for their services if they are helping you to complete your initial application for benefits. Instead a veterans service organization agent can help with this procedure. If you need to upgrade your discharge to qualify for benefits, or you wish to appeal a VA decision, you should think about consulting with an attorney.

Attorneys are allowed to charge between 20 to 33 percent for the handling of appeals. They are able to obtain these fees from the government if they win your case. Attorneys are also able to charge fees for military record correction and discharge upgrades.

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

What can an attorney do for You

Many veterans with disabilities have the right to a variety of benefits, such as financial compensation, free or low-cost medical treatments, education support, and housing assistance. The process for getting these benefits is complicated and confusing. A lawyer can navigate the system to ensure that veterans receive all benefits they are entitled to.

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

A lawyer can assist a veteran obtain reasonable accommodations at work or at school situations. A lawyer can assist a veteran understand what the Americans with Disabilities Act (ADA) stipulates about these accommodations, which must be made in accordance with federal law. They can also aid the veteran in filing a discrimination lawsuit against an employer who fails to provide them with reasonable accommodations. This is illegal and could cause severe consequences for the veteran.

How is the time required to file an insurance claim?

A veteran disability lawyer can help accelerate the process. They can assist you with getting the documents you require and supply the necessary information to the VA.

During the initial review, the VA examiner will review your medical diagnosis as well as your service records to determine if there is a connection. They will also look over any evidence that you have provided.

Once the rep has made an appropriate decision for your case, they will create a letter to mail to you with details about your claim. This can take between seven and ten days.

If the VA refuses to accept your claim or is unable to correct the rating, you can opt to submit a Supplemental Claim and have the case reviewed by an experienced reviewer. This is a less formal review than the Board of Veterans' Appeals or a Notice of Disagreement. During this period you can file new and relevant evidence to support your claim as a supplemental one. It is imperative to act quickly, as you only have a year to appeal a decision of this type.

What can a lawyer do to help?

The laws enacted by Congress are designed to be veteran-friendly, but the VA is not always willing to interpret them in a way that is beneficial to veterans disability law firms. This is why having an experienced New York disability attorney can help.

Veterans who are denied a claim by the VA can file a grievance with their local office, or appeal directly to the Board of Veterans' Appeals. An attorney can guide a veteran through the entire appeals procedure, including a formal court hearing if needed.

A lawyer can also help a veteran who is having difficult finding work because of a disability. Employers are required to make reasonable accommodations for a veteran who is disabled as a result of their military service, or because it has been aggravated. An attorney can guide the procedure and help an individual veteran complete the paperwork required to verify that their employer is meeting its obligations under USERRA. This is a far more complex process than filing an ADA claim, therefore it is important to engage an experienced attorney.