Why Using a Veterans Disability Legal Team Is a Good Idea

The systematic delays veterans confront in the VA's claims adjudication procedure are not just morally indefensible, but they also violate the Due Process Clause of the Fifth Amendment.

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

Why do you need an attorney?

While it is possible get help from a veterans service organization (VSO) however, hiring an attorney can help you receive more benefits. Attorneys have expertise handling VA disability claims and are able to navigate through the process that can be confusing for the average person. They also know the rules that govern the claims process and can use this knowledge to increase your chances of success.

If your initial claim is denied an experienced lawyer will appeal the decision and get you the compensation you deserve. They will review your claim to ensure there aren't any medical or factual mistakes and can even bring in an outside opinion to confirm. They can also make sure that your doctor is aware of the VA's requirements for establishing service-connection.

Find attorneys who have years of experience representing veterans disability Attorneys at every stage of the appeals process including remands to the VA and Court of Appeals for veterans disability Claims. They must be able and willing to provide information on veterans' rights with the public. Ask the attorney for testimonials.

How Much Can a Lawyer Charge?

Most VA disability attorneys will not charge you for their services if they are helping you with your initial application for benefits. Instead an organization for veterans agent can assist you with this procedure. If you're looking to enhance your discharge to be eligible for benefits, or you wish to appeal a VA decision, you might look into consulting with an attorney.

Lawyers are allowed to charge up to 33 percent of the total cost for handling an appeal. They are able to claim these fees back from the government in case they win your case. Attorneys may also charge fees for military record correction and discharge upgrade.

However, they must be clear with you about their fees and expenses and include this information in their fee agreement with you. If the VA is able to pay more than 20 percent of any past due reward or award to your lawyer, they have to send you a check for that amount. They are not able to 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 suffering from disabilities are entitled to a range of benefits, including the possibility of monetary compensation, no or low-cost medical treatments, education support, and housing assistance. The process for obtaining these benefits can be complex and confusing. An attorney can help veterans obtain all the benefits they are entitled to.

A veteran may also seek help from a disability attorney to navigate the complex process of appealing an denied claim. They can assist in determining whether the denial was proper, how to file an appeal under either the legacy claim or Appeals Modernization Act, and what type of evidence is required.

A lawyer can also work to assist a veteran obtain reasonable accommodations at work or school, or in other settings. A lawyer can assist veterans understand what the Americans with Disabilities Act says regarding the accommodations. They must be provided in accordance with federal law. They can also assist an individual bring a discrimination lawsuit against an employer that does not provide reasonable accommodations. This is illegal and could lead to severe consequences for the veteran.

How Long Will It Take to File a Claim?

A veteran disability lawyer can help speed up the process. They can assist you in obtaining the necessary records and provide all the necessary information to the VA.

During the initial review process in the initial review, the VA examiner will review your medical diagnosis and record to determine whether they're connected. They will also scrutinize any new and relevant evidence that you have provided.

After the rep has recommended an appropriate decision for your case, they'll create a letter to mail to you, containing details regarding your claim. This could take between seven and ten business days.

If the VA rejects your claim or has a mistake in the rating, you can opt to file a Supplemental Claim and have the case analyzed 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 submit new and relevant evidence to support your supplemental claim. It is crucial to act quickly, as you only have one year to file an appeal of this type.

What can an attorney do to help?

The laws enacted by Congress are written to be kinder to veterans, Veterans Disability Attorneys but the VA isn't always able to interpret them in a manner that benefits veterans. A seasoned New York disability lawyer can be of great help.

In cases where the VA does not allow an application, veterans can submit a notice of disagreement with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney will help veterans through the entire appeals process, including an official hearing before a judge, if necessary.

A lawyer can also assist veterans who are having difficult finding work because of an impairment. Employers are required to provide reasonable accommodations for a veteran who is disabled because of their military service or that it has been aggravated. An attorney can explain the procedure and help an individual veteran complete the paperwork required to verify that their employer is meeting the requirements of USERRA. This is a far more complex matter than submitting an ADA claim, so it is imperative to employ an experienced attorney.