Why Using a Veterans Disability Legal Team Is a Good Idea

The frequent delays that veterans endure in the VA's claims adjudication process are not only morally unacceptable and infringe the Due Process Clause of the Fifth Amendment.

Our lawyers handle a variety of cases involving veterans' disability and appeals against a VA denial.

Why Hire an Attorney

While it is possible to get help from a Veterans Service Organization (VSO) however, an attorney can help you get more benefits. Attorneys have experience handling VA disability claims and are able to navigate the process which can be a bit confusing for the average person. They also understand the regulations that govern the claims process and can use this knowledge to improve the chances of success.

If your claim is rejected by the court, an experienced lawyer can make an appeal to receive the justice you are entitled to. They can review your claim to ensure there are no errors in fact or medical, and can even bring in independent opinions to confirm. They can also verify that your doctor is knowledgeable with the VA's requirements to establish service-connection.

Search for attorneys with years of experience representing veterans disability lawyers at every stage of the appeals process including remands to the VA and Court of Appeals for Veterans Claims. They should be willing to share information with 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 attorneys do not charge for their services if they're helping you with your first 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 should look into consulting with an attorney.

Attorneys are able to charge between 20 and 33 percent for the process of handling appeals. They are able to get these fees from government if they win your appeal. Attorneys are also able to 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. If the VA pays more than 20% of any past due benefits or awards to your lawyer, they must send you a check for that amount. The VA cannot make use of the funds for "normal overhead" as these expenses are unrelated to your claim.

What can an attorney do for You

Veterans with disabilities could be eligible for many benefits. These include financial compensation, medical care at no or minimal cost, education support and housing aid. The process for obtaining these benefits can be a bit confusing and complex. A lawyer can help veterans receive all the benefits they are entitled to.

A disability attorney can also aid a veteran in the complicated process of appealing a denial of claim. They can help determine if the denial was justified, how to appeal under the old claims act or the Appeals Modernization Act and what type of evidence is required.

A lawyer can help veterans get reasonable accommodations at their workplace, school, or other locations. A lawyer can assist a vet learn what the Americans with Disabilities Act says about the accommodations. They must be provided according to federal law. They can also assist the veteran in filing a discrimination lawsuit against an employer who fails to provide them with reasonable accommodations. This is illegal and could have grave penalties for the veteran.

How do I make an insurance claim?

Utilizing the services of a veteran disability lawyer can help speed up the process. They can help you get the required documents and provide all the necessary information to the VA.

During the initial review process, the VA examiner will check your medical diagnosis and record to see whether they are in any way connected. They will also look at any evidence that is new and relevant to the case you've provided.

Once the representative has made the decision on your case, they'll prepare a packet to mail to you with details about your claim. This could take between seven and 10 days.

If the VA refuses to accept or mistakes in your rating, then you can make a Supplemental claim and have your case reviewed by a senior reviewer. This is an informal review process compared to the Board of Veterans' Appeals or a Notice of Disagreement. During this time you may submit new and relevant evidence to your supplementation claim. However, it is essential to submit it in a timely manner in the shortest time possible, since there is only one year to file this kind appeal.

How can a lawyer help?

The laws enacted by Congress were designed with veterans in mind. However, the VA is not always interpreting them in ways that benefit veterans Disability law firms. An experienced New York disability lawyer can provide a great service.

In the event that the VA doesn't accept an application, veterans can file a notice of disagreement with the local office or directly appeal the decision to the Board of Veterans' Appeals. A lawyer can guide veterans through the entire appeals procedure, including an official court hearing in the event of a need.

Lawyers can also assist veterans who are having difficulties finding work due to the disability. Under USERRA, employers must provide reasonable accommodations for returning a veteran to work when it is established that their disability is caused by or caused due to their military service. An attorney will explain the process and assist a veteran file the proper paperwork to ensure that the employer meets the requirements of USERRA. This is a significantly more complex matter than submitting an ADA claim, which is why it is imperative to employ an experienced attorney.