Why Using a Veterans Disability Legal Team Is a Good Idea

The systematic delays veterans confront 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 range of disability cases for veterans which include appealing an VA denial.

Why Hire an Attorney

While it is possible get assistance from a veterans service organization (VSO), hiring an attorney can help you receive more benefits. Attorneys are experienced in handling VA disability claims and are able to navigate the process which can be a bit difficult for the average person. They also understand the regulations that govern the claims process and can apply this knowledge to improve your chances of success.

If your claim is rejected by the court, a seasoned lawyer can make an appeal to get you the compensation you are entitled to. They will review your claim to ensure there are no errors in the medical or factual aspect and they can request an outside opinion to confirm. They can also make sure that your doctor is aware of the VA's requirements to establish service-connection.

Find attorneys who have extensive experience in representing veterans at every level of the appeals procedure including remands to the VA and Court of Appeals for Veterans Claims. They must be able and willing to provide information on veterans' rights with the public. It is also important to determine whether the lawyer has testimonials from happy clients.

How much does a lawyer charge?

The majority of VA disability attorneys will not charge you for their services if they are helping you in your initial application for benefits. Instead an organization for veterans agent can help with this process. If you'd like to challenge a decision that the VA made on your claim or if you require an upgrade to your discharge to be eligible for benefits, you should consider working with an attorney.

Attorneys can charge between 20 and 33 percent to handle appeals and can get these fees from the government if they win your case. Attorneys are also allowed to charge fees for corrections to military records and discharge upgrades.

But, they should be clear with you about their fees and expenses and should be able to include this in their fee agreement with you. If the VA pays more than 20 percent of any past due award or benefit to your lawyer, they must send you a check for the amount. They are not able to use this money to cover "normal office overhead" since these expenses are not connected to your claim.

What Can a Lawyer Do for You?

Many veterans suffering from disabilities are entitled to a range of benefits, such as cash compensation, free or low-cost medical care as well as education assistance and housing assistance. The process of getting these benefits can be a bit confusing and complicated. A lawyer can help ensure that veterans receive all the benefits they are entitled to.

A disability attorney can also aid a veteran in the complicated appeals process to an appeal that is denied. They can assist in determining whether the decision was justifiable and what appeals can be made under the old claims act or the Appeals Modernization Act and what type of evidence is required.

A lawyer may also be able to assist veterans disability lawsuit in obtaining reasonable accommodations at their workplace or at school, as well as other settings. A lawyer can help veterans to understand what the Americans with Disabilities Act says about these accommodations. They must be made available in accordance with federal law. They can also aid a veteran in filing a discrimination suit against an employer that fails to provide them with reasonable accommodations. This is illegal and could lead to severe consequences for the veteran.

How long will it take to File a Claim?

Utilizing the services of a veterans disability lawyer can accelerate the process significantly. They can assist you with getting 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 if they are connected. They will also scrutinize any new evidence you have provided.

After the representative has made a final decision in your case, he'll prepare a package to mail you with all the details of your claim. This could take between seven and 10 days.

If the VA refuses to accept or has an error in your rating, you may file an Supplemental claim and have your case reviewed by through a senior reviewer. This is a more informal review than the Board of Veterans' Appeals, or a Notice of Disagreement. During this time you can submit new and relevant evidence to support your claim for veterans disability supplemental benefits. It is crucial to do this in a timely manner in the shortest time possible, since there is only one year to file this type appeal.

What can an attorney do to help?

The laws enacted by Congress are written to be supportive of veterans, however the VA isn't always able to interpret them in a manner that is beneficial to veterans. This is where having an experienced New York disability attorney can help.

Veterans who are denied a claim by the VA may file a complaint with their local office or directly appeal to the Board of Veterans' Appeals. An attorney can guide a veteran through the entire appeals process, including a formal court hearing when needed.

A lawyer can also help a veteran who is having difficulty finding a job due to disabilities. Employers are required to provide reasonable accommodations for a veteran who is disabled due to their military service, or because it has been aggravated. An attorney can explain the procedure and assist a veteran fill out the necessary paperwork to make sure that their employer is meeting its obligations under USERRA. This is a significantly more complex process than filing an ADA claim, and it is important to engage an experienced attorney.