Why Using a Veterans Disability Legal Team Is a Good Idea

The plethora of delays veterans face in the VA's claims adjudication process are not only morally unconscionable, but they also violate the Due Process Clause of the Fifth Amendment.

Our lawyers are regularly involved in cases involving veterans disability, including pursuing an appeal after a denial made by the VA. We work to raise the bar on the way veterans can get justice from the VA.

Why should you hire an attorney?

While it is possible to receive help from the Veterans Service Organization (VSO), an attorney can assist you in obtaining more benefits. Attorneys have expertise handling VA disability claims and know how to navigate through the process which can be complicated for the average person. They are also aware of the regulations that govern the process of filing claims and are able to use this knowledge to improve the chances of success.

If your claim is denied by the court, a seasoned attorney can file an appeal in order to receive the justice you deserve. They can review your claim for mistakes in the medical or factual aspect and veterans Disability attorneys seek out outside opinions to prove your case. They can also ensure that your doctor understands the VA's requirements for establishing service-connection.

Find attorneys who have vast experience in representing veterans at all levels of the appeals procedure, including 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 general public. Ask the attorney for testimonials.

What is the cost that a lawyer could charge?

The majority of VA disability lawyers will not charge you for their services if you require assistance in submitting your initial application for benefits. Instead, a veterans service organization agent can aid you in this process. If you need to upgrade your discharge to qualify for benefits or you want 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 amount for handling an appeal. They are able to claim these fees back from the government if they prevail in your case. Attorneys may also charge fees for corrections to military records and discharge upgrades.

But, they should be forthcoming with you about their fees and expenses and should be able to include this in the fee agreement they sign with you. Additionally to this, if the VA provides your lawyer with more than 20 percent of a past-due benefits or awards, they must issue an invoice directly to you for that amount. They are not able to use this money to cover "normal office overhead" because these expenses are not related to your claim.

What can a lawyer do for You?

Many veterans disability lawyers suffering from disabilities have the right to a variety of benefits, Veterans Disability Attorneys including cash compensation, free or low-cost medical care as well as education support and housing assistance. The process for obtaining these benefits can be a bit confusing and complicated. A lawyer can help ensure that a veteran receives everything they're entitled to.

A disability attorney can assist veterans with the complex process of appealing a denied claim. They can assist in determining whether the denial was justified and what appeals can be made under the legacy claims act or Appeals Modernization Act and what type of evidence is required.

A lawyer may also be able with a veteran to ensure reasonable accommodations in their workplace or school, or in other settings. A lawyer can assist veterans understand what the Americans with Disabilities Act (ADA) provides regarding these accommodations, which must be made in accordance with federal law. They can also assist a veteran in filing a discrimination suit against employers who fail to provide reasonable accommodations. This is illegal and could result in grave penalties for the veteran.

How do I make an insurance claim?

Using the services of a veterans disability lawyer can accelerate the process significantly. They can assist you in getting the necessary records and provide the required information to the VA.

During the initial review the VA examiner reviews your medical diagnosis as well as your service records to see if there is a connection. They will also scrutinize any new evidence you have provided.

After the rep has made the decision on your case, they will create a letter to mail to you, containing details regarding your claim. It can take between seven and ten days.

If the VA denies or has an error in your rating, you are able to make a Supplemental claim and request that the case be reviewed by a senior reviewer. This is a less formal review than the Board of Veterans disability attorneys' Appeals or a Notice of Disagreement. In this period you are able to submit new and relevant evidence to your claim for a supplemental one. But it is imperative that you do so promptly, as there is only one year to file this type appeal.

What Can an Attorney Do?

The laws passed by Congress were written with veterans in mind, however the VA does not always interpret them in ways that favor veterans. A knowledgeable New York disability lawyer can be of great assistance.

If the VA doesn't accept an application, veterans can make a formal complaint with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney will help a veteran with the entire appeals process, which includes hearings in a formal setting before a judge, if necessary.

An attorney may also be able to assist in cases in which a veteran is having difficulty regaining employment due to their disability. Under USERRA employers are required to provide reasonable accommodations to allow an employee back to work if it can be shown that their disability is due to or caused by their military service. An attorney can explain the procedure and help a veteran fill out the necessary paperwork to make sure that their employer is meeting the requirements of USERRA. This is a significantly more complex matter than submitting an ADA claim, so it is important to engage an experienced attorney.