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 unacceptable, but they also violate the Due Process Clause of the Fifth Amendment.

Our lawyers handle a range of veterans disability cases, including appealing an VA denial.

Why do you need an attorney?

It is possible to seek help from a veteran service organization (VSO) but hiring an attorney can help you to receive more benefits. Attorneys have experience in handling VA disability claims and are able to navigate through the process which can be confusing for the average individual. They also understand the regulations that govern the process of filing claims and can use this knowledge to improve your chances of success.

If your claim is rejected by the court, a seasoned attorney can file an appeal to receive the justice you're entitled to. They can examine your claim to ensure that there aren't any errors in the medical or factual aspect and they can bring in independent opinions to confirm. They can also ensure that your physician is familiar with the VA's requirements to establish connection to services.

Look for attorneys who have years of experience in representing veterans at all levels of the appeals process including remands and remands for the VA and the Court of Appeals for Veterans Claims. They should be willing and able to share information regarding veterans' rights with the public. Request testimonials from the attorney.

How Much Does a Lawyer Charge?

Most VA disability lawyers do not charge for their services if they're helping you to complete your initial application for benefits. Instead, a veterans service organization agent can aid you in this procedure. If you'd like to challenge a decision that the VA has made about your claim, or if you require an upgrade to your discharge to qualify for benefits, you should talk to an attorney.

Lawyers may charge 20 to 33 percent of the total amount for handling an appeal. They can take these costs back from the government if they prevail in your case. Attorneys are also permitted to charge fees for military records correction and discharge upgrades.

However, they must be transparent with you regarding their fees and expenses and should include this in a fee agreement that they sign with you. If the VA pays more than 20 percent of any past due reward or award to your lawyer, they have to send you a check for the amount. The VA is not able to make use of the funds for "normal overhead" since these costs are unrelated to your claim.

What Can a Lawyer Do for You?

Veterans with disabilities may be entitled to many benefits. This includes monetary compensation, medical treatment at no or minimal cost, education support and housing aid. The process of obtaining these benefits is complex and complicated. A lawyer can navigate the system to ensure that a veteran receives everything they're entitled to.

A veteran can also get assistance from a disability attorney to navigate the complexities of appealing an denied claim. They can assist in determining whether the denial was justifiable, what appeals can be made under the rules of the legacy claims act, or the Appeals Modernization Act and what kind of evidence is needed.

A lawyer can assist veterans receive reasonable accommodations at work or at school, as well as other environments. A lawyer can help a veteran comprehend what the Americans with Disabilities Act (ADA) states regarding these accommodations, which must be made in accordance with federal law. They can also assist an individual file a discrimination suit against an employer who fails to provide reasonable accommodations. This is illegal and could cause severe consequences for the veteran.

How do I file a claim?

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

During the initial review, the VA examiner looks over your medical diagnosis and service records to see whether there is any connection. They will also scrutinize any new and relevant evidence you've provided.

Once the rep has made the decision on your case, they'll prepare a packet to mail to you with the details of your claim. It can take between seven and 10 days.

If the VA denies your claim or mistakes in the rating, you can decide to file a Supplemental Claim and have the case reviewed by a senior reviewer. This is a more informal review than a Board of Veterans' Appeals or a Notice of Disagreement. In this period you are able to submit new and relevant evidence to your supplemental claim. It is crucial to submit it in a timely manner since you only have one year to file this type of appeal.

How Can a Lawyer Help?

The laws enacted by Congress were written with veterans Disability Attorney in mind, but the VA is not always interpreting them in ways that benefit veterans. A seasoned New York disability lawyer can assist you.

Veterans who are denied a claim by the VA can file a disagreement with their local office or appeal directly to the Board of Veterans' Appeals. An attorney will help veterans throughout the appeals process, including a formal hearing before an attorney, if necessary.

A lawyer can also aid veterans who are having difficulty finding a job because of a disability. Under USERRA employers must make reasonable accommodations to return a veteran to work when it can be shown that their disability is due to or aggravated by their military service. An attorney can explain the process and help veterans fill out the paperwork required to verify that their employer is fulfilling the requirements of USERRA. This is a more complex process than filing an ADA claim, veterans disability attorney so it is imperative to employ an experienced attorney.