Why Using a Veterans Disability Legal Team Is a Good Idea

The systematic delays veterans disability lawsuit confront in the VA's claims adjudication process are not just morally inconvenient and infringe the Due Process Clause of the Fifth Amendment.

Our attorneys are frequently involved in veterans disability legal matters as well as pursuing appeals after a denial by the VA. We aim to improve how veterans get justice from the VA.

Why do you need an attorney?

It is possible to get help from a veterans service organization (VSO) but hiring an attorney can help you get more benefits. Attorneys are knowledgeable about the VA disability claims process and can assist you to navigate the process, which can be difficult for the average person. They are also familiar with the rules which govern the process and can use their knowledge to improve the chances of your success.

If your claim is rejected by the court, a seasoned lawyer can file an appeal to get you the compensation you are entitled to. They will review your claim for any mistakes in facts or medical care and seek out outside opinions to prove your case. They can also ensure that your physician is aware of VA's requirements for establishing service-connection.

Find lawyers with years of experience representing veterans at every level of the appeals process, including remands back to VA and Court of Appeals for Veterans Claims. They should be able to give information to the general public, and also educate veterans on their rights. You should also find out whether the lawyer has testimonials from happy clients.

How much does a lawyer charge?

Most VA disability lawyers won't charge you for their services if you need assistance in submitting your initial application for benefits. A veterans service organization agent is a better choice to assist you in this process. If you want to improve your discharge to be eligible for benefits or you want to appeal an VA decision, you might look into working with an attorney.

Attorneys can charge between 20 and 33 percent to handle appeals and can obtain these fees from the government if they prevail in your appeal. Attorneys can also charge charges for military record correction and discharge enhancement.

But, they should be transparent with you regarding their fees and expenses and veterans disability should mention this in a fee agreement that they sign with you. If the VA is able to pay more than 20% of any past due benefits or awards to your lawyer, they must send you a check for that amount. The VA cannot use the money to pay for "normal overhead" because these expenses are not connected to your claim.

What Can an Attorney Do for You?

Many veterans suffering from disabilities have the right to a variety of benefits, such as the possibility of monetary compensation, no or low-cost medical treatment as well as education assistance and housing assistance. The process to obtain these benefits can be complex and complicated. A lawyer can navigate the system to ensure that a veteran receives all the benefits they are entitled to.

A disability attorney can also assist veterans with the complex procedure of appealing a denial of claim. They can assist in determining whether the denial was proper and how to file an appeal under either the legacy claims act or Appeals Modernization Act, and what kind of evidence is required.

A lawyer can also help to assist a veteran obtain reasonable accommodations at their workplace or at school, as well as other settings. A lawyer can help veterans learn what the Americans with Disabilities Act (ADA) states about the accommodations that must be provided in accordance with federal law. Lawyers can also help a veteran bring a discrimination lawsuit against an employer that does not provide reasonable accommodations. This is illegal and could result in grave penalties for the veteran.

How long will it take to file a claim?

A veteran disability lawyer can assist you to speed up the process. They can assist you in getting the required records and supply details to the VA.

During the initial review the VA examiner reviews your medical and service records to determine whether there is a link. They will also scrutinize any new evidence you have provided.

After the rep has recommended a decision for your case, they will prepare a package to send to you, containing details regarding your claim. It can take between seven and ten days.

If the VA refuses to accept your claim or mistakes in the rating, you may choose to file a Supplemental Claim and have the case reviewed by a senior reviewer. This is a less formal review than the Board of Veterans' Appeals or a Notice of Disagreement. During this time you are allowed to submit additional and relevant evidence to your supplementation claim. It is crucial to submit it in a timely manner, as there is only one year to file this kind of appeal.

What Can an Attorney Do?

The laws passed by Congress were written with veterans in mind, however the VA is not always interpreting them in ways that benefit veterans. This is why an experienced New York disability attorney can assist.

Veterans who are denied an appeal by the VA can file a disagreement with their local office, or appeal directly to the Board of Veterans' Appeals. An attorney can assist a veteran with the entire appeals process, including an official hearing before an adjudicator, if needed.

An attorney can also assist with a case when a veteran is experiencing difficulty regaining employment due to their disability. Employers are required to provide reasonable accommodations for veterans who is disabled due to their military service, or because it has been aggravated. An attorney can explain how this process works and assist veterans file the appropriate paperwork to ensure that the employer meets the requirements of USERRA. This is a much more complex issue than submitting an ADA claim. It is essential to hire an experienced lawyer.