Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication procedure is amoral and violates the Fifth Amendment's Due Process Clause.

Our attorneys handle a variety of cases involving veterans' disability that include appealing a VA denial.

Why do you need an attorney?

Although it is possible to seek help from the Veterans Service Organization (VSO) but an attorney can help you get more benefits. Attorneys are aware of the VA disability claims process and can assist you to navigate through it, which can be confusing to the average person. They also know the rules that govern the claims process and can use this knowledge to increase your chances of winning.

If your initial claim is rejected an experienced lawyer will appeal the decision and secure the amount you're due. They can carefully review your claim for medical or factual errors and seek out outside opinions to prove your case. They can also ensure that your physician is familiar with the VA's requirements to establish connection to service.

Find attorneys with vast 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 and able to share information regarding veterans' rights to the public. It is also important to determine whether the attorney has testimonials from happy clients.

How Much Can a Lawyer Charge?

Most VA disability lawyers will not charge you for their services if they are helping you with your first application for benefits. Instead a veterans service organization agent can assist with this process. However, if you wish to challenge a decision the VA made on your claim or you need a discharge upgrade in order to be eligible for benefits, you should consider working with an attorney.

Attorneys are allowed to charge between 20 and 33 percent to handle appeals and can get these fees from the government if they win your appeal. Attorneys are also allowed to charge fees for military records correction and discharge upgrades.

However, they must be forthcoming with you about their fees and costs and should be able to include this in a fee agreement with you. If the VA pays more than 20% of any past due benefits or awards to your lawyer, they have to send you a check for that amount. They cannot use this money to pay for "normal office overhead" since 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 cash compensation, free or low-cost medical treatment as well as education assistance and housing assistance. The process for obtaining these benefits can be confusing and complicated. A lawyer can help veterans obtain all the benefits they are entitled to.

A veteran may also seek help from a disability attorney to navigate the difficult process of appealing a denied claim. They can help determine whether the decision was justifiable, how to appeal under the rules of the legacy claims act, or the Appeals Modernization Act and what kind of evidence is required.

A lawyer can also help with a veteran to ensure reasonable accommodations at work or school, or in other settings. A lawyer can assist veterans understand what the Americans with Disabilities Act (ADA) states about the accommodations that are required to be provided in compliance with federal law. Lawyers can also help veterans disability attorneys make a claim for discrimination against an employer who does not provide reasonable accommodations. This is illegal and could lead to serious consequences for the veteran.

How long will it take to File a Claim?

A veteran disability lawyer can assist you to accelerate the process. They can help you obtain the records and provide the necessary information to the VA.

In the initial review, the VA examiner checks your medical diagnosis and service records to see whether there is a connection. They will also examine any new and relevant evidence you have submitted.

Once the representative has made a final decision in your case, he'll prepare a letter to send you with all the details of your claim. This can take anywhere from seven to ten business days.

If the VA rejects your claim or is unable to correct the rating, you can decide to submit a Supplemental Claim and have it reviewed by an experienced reviewer. This is an informal review process compared to the Board of Veterans' Appeals or a Notice of Disagreement. During this time you can provide new and relevant information to back your claim as a supplemental one. It is crucial to act swiftly, as you have only one year to appeal a decision of this kind.

How can an attorney help?

The laws enacted by Congress were designed with veterans disability attorney in mind, however the VA doesn't always interpret them in ways that benefit veterans. An experienced New York disability lawyer can provide a great service.

Veterans who are denied an appeal by the VA may file a complaint with their local branch, or directly appeal to the Board of Veterans' Appeals. An attorney can assist a veteran through the entire appeals process, including the formal court hearings when needed.

Lawyers can also assist veterans who are having difficulty finding a job due to an impairment. Employers are required by law to make reasonable accommodations for veterans 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 veterans complete the paperwork necessary to ensure that their employer is fulfilling the requirements of USERRA. This is a much more complicated matter than filing an ADA claim, so it is important to engage an experienced attorney.