Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication procedure is morally indefensible and violates the Due Process Clause of the Fifth Amendment.

Our lawyers are regularly involved in cases involving veterans disability as well as pursuing appeals following a denial from the VA. We work to raise the bar on the process of obtaining justice for veterans from the VA.

Why Hire an Attorney

While it is possible get help from a veterans service organization (VSO), hiring an attorney can help you receive more benefits. Attorneys are familiar with the VA disability claims process and can help you navigate it, which is complicated for the average person. They are also familiar with the rules that govern the process of filing claims and can utilize their knowledge to improve the odds of a successful claim.

If your initial claim is rejected An experienced lawyer can file an appeal to get you the compensation you deserve. They can review your claim for mistakes in facts or medical care and seek out outside opinions to verify your claim. They can also ensure that your physician is familiar with the VA's requirements to establish connection to services.

Find attorneys with years of experience in representing veterans at all levels of the appeals procedure, including remands to the VA and the Court of Appeals for Veterans Claims. They are likely to be willing and able to share information about veterans' rights to the general public. Request testimonials from the attorney.

How Much Can a Lawyer Charge?

The majority of VA disability lawyers won't charge for their services if you need assistance in submitting your initial application for benefits. A veteran service organization agent is the best option to assist you in this process. If, however, you want to challenge a decision the VA has made about your claim, or if you require an upgrade in your discharge to qualify for benefits, you should think about working with an attorney.

Attorneys are permitted to charge between 20 and 33 percent to handle appeals and can get these fees from the government if they prevail in your case. Attorneys may also charge fees for correction of military records and discharge upgrades.

They should explain their fee structure to you and include it in the fee agreement. Additionally, if the VA pays your lawyer more than 20 percent of a past-due benefit or award, they must send an official check to you for that amount. They are not able to use this money to cover "normal office overhead" since these expenses are not directly related to your claim.

What can an attorney do for You

Veterans with disabilities might be eligible for many benefits. These include monetary compensation, medical care free or at a minimal cost, support for education and veterans disability housing assistance. The process to obtain these benefits is complex and confusing. A lawyer can help ensure that a veteran receives all the benefits they are entitled to.

Veterans can also seek help from a disability attorney to navigate the difficult process of appealing an denied claim. They can assist in determining whether the denial was proper and also what is the best way to file an appeal under either the legacy claim or Appeals Modernization Act, and what type of evidence is required.

A lawyer can also work with a veteran to ensure reasonable accommodations for their workplace, school or other settings. A lawyer can assist veterans to understand what the Americans with Disabilities Act says regarding these accommodations. They must be provided according to federal law. They can also assist the veteran in filing a discrimination lawsuit against an employer that fails to provide reasonable accommodations. This is illegal and could lead to severe consequences for the veteran.

How Much Time Will It Take to File an Claim?

A veteran disability lawyer can help accelerate the process. They can help you obtain the documents and provide details to the VA.

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

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

If the VA denies or makes an error in your rating, then you can file an Supplemental claim and have the case reviewed by with a senior reviewer. This is a more informal review than the Board of Veterans' Appeals, or a Notice of Disagreement. During this time you may submit new and relevant evidence to support your supplementation claim. It is imperative to act fast, as you have only one year to file an appeal of this type.

How can an attorney help?

The laws enacted by Congress were written with veterans in mind, but the VA doesn't always interpret the laws in ways that are beneficial to veterans. A knowledgeable New York disability lawyer can assist you.

Veterans who are denied a claim by the VA can file a grievance with the local office or directly appeal to the Board of veterans disability attorneys' Appeals. An attorney can assist a veteran with the entire appeals process, including hearings before a judge, if necessary.

An attorney may also be able to assist with a case when a veteran is experiencing difficulties regaining employment due disability. Under USERRA, employers must provide reasonable accommodations for returning an employee back to work if it can be proven that their disability is caused by or caused by their military service. An attorney can explain the process and assist veterans file the appropriate paperwork to ensure that the employer is meeting their obligations under USERRA. This is a more complex process than filing an ADA claim, which is why it is imperative to employ an experienced attorney.