Why Using a Veterans Disability Legal Team Is a Good Idea

The constant delays that veterans experience in the adjudication process for claims by the VA are not just morally indefensible but also in violation of the Due Process Clause of the Fifth Amendment.

Our attorneys handle a variety of disability cases for veterans, including appealing an VA denial.

Why should you employ an attorney?

While it is possible to get help from Veterans Service Organization (VSO) but an attorney can help you receive more benefits. Attorneys have experience handling VA disability claims and know how to navigate through the process, which can be confusing for the average person. They are also aware of the rules that govern the process of filing claims and can utilize their knowledge to increase the odds of a successful claim.

If your claim is denied by the court, a seasoned attorney can bring an appeal to get you what you deserve. They can review your claim for any errors in fact or medical and also seek outside opinions to prove your case. They can also verify that your physician is familiar with the VA's requirements to establish connection to service.

Look for attorneys who have extensive experience representing veterans disability law firms (click to investigate) at all levels of the appeals procedure, including remands to VA and the Court of Appeals for Veterans Claims. They should be able to share information with the general public, and also educate veterans on their rights. You should also find out whether the lawyer has testimonials from satisfied clients.

How much does a lawyer charge?

The majority of VA disability attorneys do not charge for their services if they're helping you with your initial application for benefits. Instead a veterans service organization agent can aid you in this process. If you'd like to challenge a decision the VA has made about your claim or you need a discharge upgrade in order to be eligible for benefits, you should think about working with an attorney.

Attorneys are permitted to charge between 20 and 33 percent for the process of handling appeals and can obtain these fees from the government if they prevail in your appeal. Attorneys are also permitted to charge fees for corrections to military records and discharge upgrades.

They must explain their fee structure to you and include it in the fee agreement. If the VA is able to pay more than 20% of any past due benefit or award to your lawyer, they must send you a check for the amount. The VA cannot utilize the money for "normal overhead" since these costs are unrelated 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 financial compensation, free or low-cost medical treatments along with education support and housing assistance. The process for obtaining these benefits can be confusing and complex. A lawyer can help veterans obtain all the benefits they are entitled to.

A disability attorney can aid a veteran in the difficult procedure of appealing a denial of claim. They can assist with determining whether the denial was justified or not, and what is the best way to file an appeal under either the legacy claims act or Appeals Modernization Act, and what kind of evidence is needed.

A lawyer can help veterans disability attorney get reasonable accommodations at work, school, or other settings. A lawyer can help a vet learn what the Americans with Disabilities Act says regarding these accommodations. They must be made available according to federal law. They can also assist the veteran in filing a discrimination suit against an employer who fails provide them with reasonable accommodations. This is illegal and could lead to serious consequences for the veteran.

How long will it take to File an Claim?

Using the services of a veteran disability lawyer can help speed up the process. They can assist you in obtaining the necessary records and provide all the information required to the VA.

During the initial review the VA examiner looks over your medical diagnosis as well as your service records to determine whether there is a connection. They will also scrutinize any evidence that you have provided.

After the rep has made a decision for your case, they'll prepare a packet to mail to you with information about your claim. This could take between seven and 10 business days.

If the VA rejects your claim or makes a mistake in the rating, you may choose to submit a Supplemental Claim and have it reviewed by an experienced reviewer. This is a less formal review than a Board of Veterans' Appeals or a Notice of Disagreement. During this period, you may submit new and relevant evidence to support your supplemental claim. It is essential to act swiftly, as you only have one year to appeal a decision of this type.

How Can an Attorney Help?

The laws passed by Congress were written with veterans in mind, but the VA does not always interpret the laws in ways that are beneficial to veterans. This is why having an experienced New York disability attorney can aid.

In cases where the VA refuses to accept a claim, veterans may file a complaint with the local office or directly appeal the decision to the Board of Veterans' Appeals. A lawyer can guide veterans throughout the appeals process, including the formal court hearings if needed.

A lawyer can also assist those who are experiencing difficulty finding a job because of a disability. Under USERRA employers must provide reasonable accommodations to allow a veteran to work when it can be proven that their disability is due to or caused due to their military service. An attorney can help explain the process and help an individual veteran complete the necessary paperwork to ensure that their employer is fulfilling its obligations under USERRA. This is a more complicated issue than submitting an ADA claim. It is essential to find a skilled lawyer.