Why Using a Veterans Disability Legal Team Is a Good Idea

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

Our attorneys are frequently involved in veterans disability legal matters and can even pursue an appeal after a denial by the VA. We strive to raise the bar for how veterans are treated by the VA.

Why should you hire an attorney?

While it is possible get help from a veterans service organization (VSO) but hiring an attorney can help you receive more benefits. Attorneys have experience handling VA disability claims and know how to navigate the process which can be complicated for the average person. They are also knowledgeable about the rules that govern the claim process and can utilize their knowledge to improve your chances of success.

If your initial claim is rejected an experienced lawyer will appeal the decision and get you the amount you're due. They can carefully review your claim for any medical or factual errors and bring in outside opinions to corroborate your case. They can also make sure that your doctor is knowledgeable with the VA's requirements to establish connection to service.

Find lawyers with extensive experience in representing veterans at every step of the appeals process including remands and remands to the VA and Court of Appeals for Veterans Claims. They are likely to be willing and able to share information regarding veterans' rights with the general public. You should also determine whether the attorney has testimonials from happy clients.

What is the average amount a lawyer can Charge?

The majority of VA disability lawyers won't charge you for their services if you need assistance with completing your initial application for benefits. Instead, a veterans service organization agent can assist you with this procedure. If, however, you want to challenge a decision that the VA has made about your claim or require an upgrade in your discharge to qualify for benefits, you should consult with an attorney.

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

They should explain their fee structure to you and include it in the fee agreement. In addition that the VA gives your lawyer more than 20 percent of the past due benefits or awards, they must send an individual check to you for that additional amount. The VA is not able to use the money to pay for "normal overhead" as these expenses are not connected to your claim.

What Can a Lawyer Do for You?

Many veterans who suffer from disabilities are entitled to a variety of benefits, such as cash compensation, free or low-cost medical care, education support, and housing assistance. The process for obtaining these benefits can be a bit confusing and complex. A lawyer can help ensure that a veteran receives all benefits they are entitled to.

Veteran can also seek assistance from a disability attorney to navigate the complexities of appealing a denied claim. They can assist with determining whether the denial was proper and how to file an appeal under either the legacy claims or Appeals Modernization Act, and what kind of evidence is required.

A lawyer can also help to help a veteran get reasonable accommodations at their workplace or school, or in other settings. A lawyer can help veterans understand what the Americans with Disabilities Act (ADA) stipulates about the accommodations that must be provided in accordance with federal law. They can also assist a veteran in filing a discrimination lawsuit against an employer who fails to provide reasonable accommodations. This is illegal and could have serious consequences for the veteran.

How do I make a claim?

Utilizing the services of a veteran disability lawyer can speed up the process considerably. They can assist you in obtaining the records needed and provide the necessary information to the VA.

In the initial review, the VA examiner checks your medical diagnosis and records to see if there is a connection. They will also examine any evidence that you have provided.

After the rep has recommended a decision for your case, they will prepare a packet to mail to you with the details of your claim. It could take anywhere from seven to 10 business days.

If the VA denies or has an error in your rating, you are able to make an Supplemental claim and request that the case be reviewed by through a senior reviewer. This is a more informal review than a Board of veterans disability lawyer' Appeals or a Notice of Disagreement. During this time you can file new and relevant information to back your supplemental claim. It is essential to act quickly, since you only have one year to appeal a decision of this type.

What can an attorney do to help?

The laws passed by Congress are designed to be friendly to veterans, however the VA isn't always willing to interpret them in a manner that benefits veterans. This is why having an experienced New York disability attorney can assist.

In the event that the VA refuses to accept the claim, veterans can make a formal complaint with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can guide veterans through the entire appeals process, including an official court hearing when needed.

An attorney may also be able to assist with a situation in which a veteran is having difficulty re-employing due their disability. Employers must make reasonable accommodations for veterans who is disabled because of their military service or Veterans Disability it has been aggravated. An attorney can explain how this process works and can help a veteran file the proper paperwork to make sure that the employer complies with the requirements of USERRA. This is a more complex issue than filing an ADA claim. It is important to work with an experienced lawyer.