The 10 Most Terrifying Things About Veterans Disability Attorneys

Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication system is morally wrong and infringes the Fifth Amendment's Due-Process Clause.

Our attorneys regularly handle veterans disability legal matters and can even pursue an appeal following a denial by the VA. We strive to raise the bar on the way veterans can get justice from the VA.

Why should you hire an attorney?

While it is possible to receive help from Veterans Service Organization (VSO) but an attorney can help you obtain more benefits. Attorneys are familiar with the VA disability claims process and can help you navigate through it, which can be difficult for the average person. They also understand the regulations that govern the claims process and are able to use this knowledge to increase the chances of success.

If your claim is rejected by the court, a seasoned attorney can make an appeal to get you the compensation you're entitled to. They can carefully review your claim for mistakes in the medical or factual aspect and also seek outside opinions to prove your case. They can also verify that your doctor is knowledgeable with the VA's requirements for establishing service-connection.

Find lawyers with extensive experience representing veterans at all levels of the appeals process including remands to the VA and the Court of Appeals for Veterans Claims. They should be able to communicate information to the general public and help educate veterans on their rights. Ask the attorney for testimonials.

How much can a lawyer charge?

Most 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 need to upgrade your discharge to qualify for benefits or you want to appeal a VA decision, you can think about hiring an attorney.

Attorneys are allowed to charge between 20 to 33 percent for the handling of appeals. They can get these fees from government if they win your case. Attorneys are also able to charge fees for correction of military records and discharge enhancement.

They must explain their fee structure to you and include it in the fee agreement. If the VA pays more than 20% of any past due benefits or awards to your lawyer, they have to send you a check for that amount. They are unable to use this money to pay "normal office overhead" since these expenses aren't related to your claim.

What can an attorney do for You?

Veterans with disabilities could be eligible for many benefits. They can receive monetary compensation, medical treatment free or at a minimal cost, educational support and housing assistance. The process to obtain these benefits is complex and complicated. A lawyer can help veterans disability law firms obtain all the benefits they are entitled to.

A disability attorney can also help a veteran through the difficult process of appealing an appeal that is denied. They can determine if the denial was justified and how to appeal under the old claims act or the Appeals Modernization Act and what kind of evidence is needed.

A lawyer can assist a veteran obtain reasonable accommodations in their workplace or school environments. A lawyer can help veterans comprehend what the Americans with Disabilities Act (ADA) provides regarding these accommodations, which are required to be provided in compliance with federal law. They can also assist veterans bring a discrimination lawsuit against an employer that does not provide reasonable accommodations. This is illegal and can cause severe consequences for the veteran.

How do I make an insurance claim?

A veteran disability lawyer can help accelerate the process. They can help you get the necessary records and provide all the information required to the VA.

During the initial review the VA examiner reviews your medical diagnosis and service records to determine whether there is a connection. They will also examine any new evidence that you have 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 ten business days.

If the VA denies your claim, or has a mistake in the rating, you can choose to submit a Supplemental Claim and have the case reviewed by an experienced reviewer. This is a less formal review than the Board of Veterans' Appeals or a Notice of Disagreement. During this time, you may submit new and relevant information to back your claim for supplemental benefits. It is important to act fast, as you have only one year to file an appeal of this type.

How can a lawyer assist?

The laws enacted by Congress are designed to be supportive of veterans, however the VA is not always willing to interpret them in a way that favors veterans. This is where an experienced New York disability attorney can assist.

If the VA refuses to allow a claim, veterans may file a complaint with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can assist veterans throughout the appeals process, which includes an official hearing before the judge, if required.

An attorney can also help with a case in which a veteran is having difficulties regaining employment due disability. Under USERRA employers must make reasonable accommodations to return an employee back to work if it is established that their disability is caused by or aggravated by their military service. An attorney can explain how this works and assist veterans file the appropriate paperwork to make sure that the employer complies with the requirements of USERRA. This is a far more complex process than filing an ADA claim, and it is essential to work with an experienced attorney.