Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication system is immoral and violates the Fifth Amendment's Due-Process Clause.

Our lawyers are regularly involved in veterans disability legal matters as well as pursuing appeals after a denial made by the VA. We work to raise the bar for the way veterans can get justice from the VA.

Why should you hire an attorney?

While it is possible to get assistance from a Veterans Service Organization (VSO) however, an attorney can help you obtain more benefits. Attorneys are familiar with the VA disability claims process and can help you navigate it, which can be complicated for the average person. They are also knowledgeable about the rules that govern the claim process and can apply their knowledge to increase your chances of success.

If your initial claim is rejected, an experienced lawyer can file an appeal to ensure you receive the amount you're due. They will review your claim to ensure that there are no errors in fact or medical, and can also bring in outside opinions for confirmation. They can also verify that your doctor is knowledgeable with the VA's requirements for establishing service-connection.

Look for attorneys who have years of experience in representing veterans at all levels of the appeals process including remands to VA and the Court of Appeals for Veterans Claims. They should be willing to provide information to the public and educate veterans about their rights. Ask the attorney for testimonials.

How Much Can a Lawyer Charge?

The majority of VA disability lawyers won't charge you for their services if you require help filing an initial application for benefits. Instead an organization that serves veterans agent can assist with this process. But, if you want to challenge a decision that the VA made on your claim or require an upgrade in your discharge to qualify for benefits, you should talk to an attorney.

Lawyers are allowed to charge up to 33 percent of the total cost for handling an appeal. They can recover these fees from the government in case they prevail in your case. Attorneys are also able to charge fees for military records correction and discharge enhancements.

They must explain their fee structure to you and include it in the fee agreement. Additionally when the VA pays your lawyer more than 20 percent of the past due reward or benefit, then they must write an individual check to you for that amount. They are not able to use this money to cover "normal office overhead" because these expenses are not connected to your claim.

What Can a Lawyer Do for You?

Veterans with disabilities may be eligible for a variety of benefits. They can receive monetary compensation, medical care free or at a minimal cost, education support and housing aid. The process for obtaining these benefits can be confusing and complicated. A lawyer can help ensure that veterans receive all benefits they are entitled to.

A disability attorney can aid a veteran in the complicated appeals process to a denied claim. They can assist with determining whether the denial was justified and also how to appeal under either the legacy claim or Appeals Modernization Act, and what kind of evidence is needed.

A lawyer can also help to assist a veteran obtain reasonable accommodations at work, school or other settings. A lawyer can assist a vet learn what the Americans with Disabilities Act says regarding the accommodations. They must be provided in accordance with federal law. Lawyers can also help veterans file a discrimination suit against an employer who fails to provide reasonable accommodations. This is illegal and could lead to serious consequences for the veteran.

How is the time required to make an insurance claim?

A veteran disability lawyer can help accelerate the process. They can assist you with getting the records needed and provide all the information required to the VA.

During the initial review the VA examiner reviews your medical diagnosis and records to see whether there is a connection. They will also examine any evidence that you have provided.

Once the representative has made the final decision in your case, he'll create a package to send you with all the details of your claim. It could take anywhere from seven to 10 business days.

If the VA refuses to accept or makes an error in your rating, you are able to submit an Supplemental claim and have your case reviewed by with a senior reviewer. This is a less formal review than a Board of Veterans' Appeals or a Notice of Disagreement. During this time, you may submit new and relevant evidence to support your claim as a supplemental one. It is imperative to act swiftly, as you only have a year to appeal a decision of this kind.

How can a lawyer assist?

The laws passed by Congress were written with veterans in mind, but the VA does not always interpret the laws in ways that are beneficial to veterans disability attorney. This is why an experienced New York disability attorney can aid.

In the event that the VA does not grant an appeal, veterans can submit a notice of disagreement with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can assist a veteran through the entire appeals process, which includes an official court hearing in the event of a need.

An attorney can also aid in cases where a veteran has trouble reemploying due to their disability. Under USERRA employers must provide reasonable accommodations to allow a veteran to work when it can be shown that their disability is caused by or aggravated by their military service. An attorney can explain how this is done and help veterans complete the correct paperwork to ensure that the employer is meeting the requirements of USERRA. This is a much more complex issue than submitting an ADA claim. It is essential to choose a reputable lawyer.