Why Using a Veterans Disability Legal Team Is a Good Idea

The process used by the VA to adjudicate claims is morally indefensible and violates the Fifth Amendment's Due Process Clause.

Our attorneys handle a variety of cases involving veterans' disability, including appealing a VA denial.

Why should you employ an attorney?

It is possible to seek help from Veterans Service Organization (VSO), an attorney can help you obtain more benefits. Attorneys are well-versed in the VA disability claims procedure and can help you navigate it, which is complicated for the average person. They are also knowledgeable about the rules that govern the process and can use their knowledge to improve your chances of success.

If your initial claim is denied, an experienced lawyer can appeal the decision to obtain the amount you're due. They can review your claim to ensure that 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 physician is familiar with the VA's requirements for establishing connection to services.

Find attorneys who have vast experience in representing veterans at all levels of the appeals process including remands to the VA and Court of Appeals for Veterans Claims. They should be willing to give information to the general public and inform veterans on their rights. Ask the attorney for testimonials.

What is the cost that a lawyer could charge?

The majority of VA disability lawyers don't charge you for their services if you need assistance in filing your first application for benefits. A veterans service organization agent is a better choice to help you with this procedure. If, however, you want to challenge a decision that the VA made regarding your claim or you need an upgrade to your discharge to be eligible for benefits you should think about working with an attorney.

Attorneys can charge between 20 and 33 percent to handle an appeal and they can receive these fees from the government if they prevail in your case. Attorneys can also charge fees for corrections to military records and discharge upgrades.

They should 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 benefits or awards, they must send an individual check to you for that additional amount. They are unable to use this money for "normal office overhead" because these expenses aren't related to your claim.

What can an attorney do for You?

Many veterans who suffer from disabilities are entitled to a range of benefits, including monetary compensation, free or low-cost medical treatments as well as education support and housing assistance. The process of getting these benefits can be a bit confusing and complex. An attorney can help veterans get the benefits they are entitled to.

Veterans can also seek assistance from a disability lawyer to navigate the difficult process of appealing a denied claim. They can assist with determining whether the denial was justified or not, lawsuit and how to file an appeal under either the legacy claims or Appeals Modernization Act, and what kind of evidence is needed.

A lawyer can assist veterans receive reasonable accommodations in their workplace or at school, as well as other situations. A lawyer can assist a veteran comprehend what the Americans with Disabilities Act (ADA) says about accommodations, which must be provided in accordance with federal law. They can also aid an individual in filing a discrimination lawsuit against employers who fail to provide reasonable accommodations. This is illegal and could cause severe consequences for the veteran.

How long will it take to File an Claim?

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

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

Once the representative has made a final decision in your case, he will prepare a letter to send you with all the details of your claim. This can take seven to 10 business days.

If the VA denies or is unable to correct an error in your rating, you can make a Supplemental claim and have the case reviewed by through a senior reviewer. This is a more informal review than a Board of Veterans' Appeals, or a Notice of Disagreement. During this period you can provide new or relevant evidence to support your supplemental claim. It is important to act swiftly, as you only have one year to file an appeal of this kind.

How can a lawyer assist?

The laws passed by Congress are designed to be friendly to veterans, however the VA isn't always able to interpret them in a way which is in favor of veterans. This is why an experienced New York disability attorney can assist.

In the event that the VA doesn't give 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 veterans through the entire appeals process, including hearings before a judge, if necessary.

An attorney may also be able to assist in a situation where a veteran is having difficulty re-employing due their disability. Employers are required to provide reasonable accommodations for a veteran who is disabled as a result of their military service, or because it has been aggravated. An attorney can explain how this works and can help a veteran file the proper paperwork to ensure that the employer is in compliance with their obligations under USERRA. This is a more complicated matter than filing a ADA claim. It is crucial to choose a reputable lawyer.