Why Using a Veterans Disability Legal Team Is a Good Idea

The constant delays that veterans experience in the adjudication process for claims by the VA are not only morally unacceptable however, they also violate the Due Process Clause of the Fifth Amendment.

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 get assistance from a veterans service organization (VSO) however, hiring an attorney can help you to receive more benefits. Attorneys are familiar with the VA disability claims process and can help you navigate through it, which can be confusing to the average person. They are also aware of the regulations that govern the claims process and can apply this knowledge to improve your chances of winning.

If your initial claim is denied an experienced lawyer will make an appeal to ensure you receive the amount you're due. They will review your claim for medical or factual errors and bring in outside opinions to corroborate your case. They can also verify that your physician is familiar with the VA's requirements to establish connection to services.

Search for attorneys with vast experience in representing veterans at every level of the appeals process, including remands to the VA and Court of Appeals for Veterans Claims. They should be able to provide information to the general public and help educate veterans on their rights. It is also important to determine whether the lawyer has testimonials from happy clients.

How much does a lawyer charge?

The majority of VA disability lawyers don't charge for their services if you require help filing an initial application for benefits. A veterans service organization agent is the best choice to assist you with this process. If you want to improve your discharge in order to be eligible for benefits or you want to appeal the VA decision, you should consider consulting with an attorney.

Lawyers can charge between 20 to 33 percent of the total cost of handling an appeal. They are able to get these fees back from the government in case they win your case. Attorneys may also charge fees for corrections to military records and discharge upgrade.

But, they should be transparent with you regarding their fees and expenses and include this information in a fee agreement that they sign with you. If the VA pays more than 20 percent of any past due benefit or award to your lawyer, they have to send you a check for the amount. They are unable to use this money to pay for "normal office overhead" since these expenses are not directly related to your claim.

What Can an Attorney Do for You?

Many veterans suffering from disabilities are entitled to a range of benefits, including monetary compensation, free or low-cost medical treatments along with education support and housing assistance. The process for obtaining these benefits is complicated and confusing. A lawyer can help veterans get all the benefits they are entitled to.

A veteran can also get assistance from a disability attorney to navigate the complicated process of appealing a denied claim. They can help determine whether the decision was correct and how to file an appeal under either the legacy claims or Appeals Modernization Act, and what kind of evidence is needed.

A lawyer can also work to help a veteran get reasonable accommodations for their workplace or at school, Veterans Disability Attorney as well as other settings. A lawyer can assist veterans comprehend what the Americans with Disabilities Act says regarding the accommodations. They have to be provided in accordance with federal law. They can also help the veteran file a discrimination suit against an employer that fails to provide reasonable accommodations. This is illegal and could have severe consequences for the veteran.

How long will it take to file an insurance claim?

A veteran disability lawyer can help speed up the process. They can assist you with obtaining the required records and supply all the information required to the VA.

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

Once the representative has made an ultimate decision on your case, he'll prepare a package to mail you with all the details of your claim. It could take anywhere from seven to 10 business days.

If the VA rejects your claim or makes a mistake in the rating, you may opt to submit a Supplemental Claim and have the case analyzed by an experienced reviewer. This is a less formal review than the Board of Veterans' Appeals, veterans disability attorney or a Notice of Disagreement. In this period you are able to submit new and relevant evidence to support your supplemental claim. It is imperative to act fast, as you only have one year to appeal a decision of this type.

What can an attorney do to help?

The laws enacted by Congress were designed with veterans disability attorney (sources tell me) in mind, but the VA is not always interpreting the laws in ways that are beneficial to veterans. An experienced New York disability lawyer can be of great assistance.

In the event that the VA doesn't give an appeal, veterans can make a formal complaint with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can assist veterans through the entire appeals process, including an official hearing before an adjudicator, if needed.

An attorney may also be able to assist in cases when a veteran is experiencing difficulty re-employing due their disability. Under USERRA employers must make reasonable accommodations to allow a veteran to work when it can be proven that their disability is caused or worsened by their military service. An attorney can explain how this works and can help a veteran file the proper paperwork to ensure that the employer is meeting their obligations under USERRA. This is a more complex matter than submitting an ADA claim, therefore it is crucial to hire an experienced attorney.