Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication procedure is morally wrong and infringes the Due Process Clause of the Fifth Amendment.

Our lawyers handle a variety of veterans disability cases that include appealing an VA denial.

Why Hire an Attorney?

It is possible to receive assistance from a veterans service organization (VSO), hiring an attorney can help you to receive more benefits. Attorneys are familiar with the VA disability claims process and can help navigate it, which is difficult for the average person. They are also aware of the regulations that govern the process of filing claims and can utilize this knowledge to increase your chances of obtaining success.

If your initial claim is rejected an experienced lawyer will file an appeal to get you the amount you're due. They can review your claim to ensure that there aren't any errors in the medical or factual aspect and can even bring in independent opinions to confirm. They can also ensure that your doctor understands the VA's requirements for establishing service connection.

Find attorneys with extensive experience in representing veterans at every level of the appeals process including remands and remands to the VA and Court of Appeals for Veterans Claims. They should be willing to provide information to the public and educate veterans about their rights. Request testimonials from the attorney.

How much can a lawyer charge?

Most VA disability lawyers will not charge for their services if you require assistance with completing your initial application for benefits. An agent from the Veterans Service Organization is the best option to help you with this process. If you are looking to upgrade your discharge to qualify for benefits, or you wish to appeal the VA decision, you may think about working with an attorney.

Lawyers can charge anywhere from 20 to 33 percent of the total cost to handle an appeal. They are able to take these costs back from the government if they win your case. Attorneys are also allowed to charge fees for military records correction and discharge upgrades.

They should be able to explain their fee structure to you and include it in the fee agreement. If the VA is able to pay more than 20% of any past due award or benefit to your lawyer, they must send you a check for that amount. They are not able to use this money to pay "normal office overhead" because 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 monetary compensation, free or low-cost medical services as well as education assistance and housing assistance. The process of obtaining these benefits can be a bit confusing and complex. A lawyer can help ensure that a veteran receives all the benefits they are entitled to.

A disability attorney can help a veteran through the appeal process for a denied claim. They can assist with determining whether the denial was proper, what is the best way to file an appeal under either the legacy claims act or Appeals Modernization Act, and what kind of evidence is needed.

A lawyer may also be able with a veteran to ensure reasonable accommodations for their workplace or at school, as well as other settings. A lawyer can help veterans learn what the Americans with Disabilities Act says about accommodations for disabled people. They have to be provided according to federal law. They can also help an individual to file a discrimination lawsuit against an employer that does not provide reasonable accommodations. This is illegal and could have serious consequences for the veteran.

How long will it take to make an insurance claim?

Using the services of a veteran disability lawyer can make the process much more efficient. They can assist you in obtaining the necessary records and provide the information needed to the VA.

In the initial review, the VA examiner looks over your medical and service records to determine if there is a connection. They will also scrutinize any evidence that is new and relevant to the case you've submitted.

After the representative has made the final decision in your case, the representative will create a package to send you with all the details of your claim. It can take between seven and 10 days.

If the VA refuses to accept or mistakes in your rating, you may make an Supplemental claim and have your case reviewed by through a senior reviewer. This is a less formal review than a Board of Veterans' Appeals, or a Notice of Disagreement. During this period, you may submit new and relevant evidence to support your claim as a supplemental one. It is imperative to act fast, 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 were designed with veterans in mind, however the VA is not always interpreting them in ways that favor veterans. This is where having an experienced New York disability attorney can aid.

In the event that the VA does not accept a claim, veterans disability law firms - linked resource site, may file a complaint with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can guide a veteran through the entire appeals procedure, including the formal court hearing if needed.

A lawyer can also aid those who are experiencing difficulties finding work due to an impairment. Employers are required by law to make reasonable accommodations for veterans who is disabled due to their military service or that it has been aggravated. An attorney can explain the process and help a veteran file the proper paperwork to make sure that the employer complies with their obligations under USERRA. This is a more complicated matter than filing an ADA claim, so it is imperative to employ an experienced attorney.