Why Using a Veterans Disability Legal Team Is a Good Idea

The frequent delays that veterans endure in the VA's claims adjudication process are not only morally unacceptable however, they also violate 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?

Although it is possible to get assistance from a veterans service organization (VSO) however, hiring 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 difficult for the average person. They are also familiar with the rules that govern the process of filing claims and can use their expertise to increase the chances of your success.

If your claim is rejected by the court, an experienced attorney can file an appeal in order to receive the justice you are entitled to. They can review your claim to ensure there aren't any errors in fact or medical, and can even bring in outside opinions for confirmation. They can also make sure that your doctor understands the VA's requirements for establishing service connection.

Find attorneys with vast 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 and able to provide information on veterans' rights with the general public. You should also find out whether the attorney has testimonials from happy clients.

How Much Does a Lawyer Charge?

Most VA disability attorneys do not charge for their services if they are helping you with your initial application for benefits. Instead, a veterans disability law firm service organization agent can assist you with this process. But, if you want to challenge a decision the VA has made about your claim or require an upgrade in your discharge to be eligible for benefits, you should think about working with an attorney.

Lawyers can charge between 20 to 33 percent of the total cost of handling an appeal. They can claim these fees back from the government in case they prevail in your case. Attorneys are also able to charge fees for military record correction and discharge upgrades.

They should be able to explain their fee structure to you and include it in the fee agreement. Additionally when the VA gives your lawyer more than 20 percent of the past due reward or benefit, then they must issue a check to you directly for that amount. The money cannot be used to pay "normal office overhead" because these costs are not connected to your claim.

What can a lawyer do for You?

Veterans with disabilities may have the right to a variety of benefits. These include monetary compensation, medical care at no cost or for a low cost, educational support, and housing assistance. The process for obtaining these benefits can be confusing and complex. A lawyer can help ensure that veterans receive all benefits they are entitled to.

A disability attorney can assist veterans with the appeals process to a denial of claim. They can help determine whether the decision was justifiable, what appeals can be made under the legacy claims act or the Appeals Modernization Act and what type of evidence is required.

A lawyer can assist a veteran obtain reasonable accommodations at their workplace or at school, as well as other environments. A lawyer can assist veterans understand what the Americans with Disabilities Act (ADA) states about accommodations, which must be made in accordance with federal law. Lawyers can also help an individual file a discrimination suit against an employer who does not provide reasonable accommodations. This is illegal and could cause severe consequences for the veteran.

How long will it take to make an insurance claim?

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

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

After the representative has made the final decision in your case, the representative will make a document to mail you with all the details of your claim. This can take anywhere between seven and 10 days.

If the VA refuses to accept your claim or mistakes in the rating, you can choose to submit a Supplemental Claim and have your case reviewed by an experienced reviewer. This is a less formal review than the 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. But it is imperative that you submit the information promptly since you only have one year to file this type appeal.

How can a lawyer help?

The laws enacted by Congress are designed to be veteran-friendly, but the VA is not always willing to interpret them in a manner that is beneficial to veterans. This is why having an experienced New York disability attorney can assist.

If the VA is unable to give an appeal, veterans disability law Firms 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 disability lawyers through the entire appeals process, including a formal court hearing in the event of a need.

A lawyer can also assist an individual who is having difficulties finding work because of an impairment. Under USERRA employers must provide reasonable accommodations to allow veterans to work if it is proven that their disability is caused by or aggravated due to their military service. An attorney can help explain the process and help a veteran fill out the paperwork required to verify that their employer is meeting its obligations under USERRA. This is a more complex matter than submitting an ADA claim, so it is important to engage an experienced attorney.