Why Using a Veterans Disability Legal Team Is a Good Idea

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

Our lawyers regularly deal with veterans disability legal matters as well as pursuing appeals after a denial made by the VA. We work to raise the bar for the process of obtaining justice for veterans from the VA.

Why should you hire an attorney?

While it is possible seek help from a veteran service organization (VSO) however, hiring an attorney can help you to receive more benefits. Attorneys are knowledgeable about the VA disability claims process and can assist you to navigate the process, which can be confusing to the average person. They are also familiar with the rules that govern the claim process and can use their expertise to increase the odds of a successful claim.

If your claim is rejected by the court, an experienced attorney can file an appeal to get you the compensation you deserve. They will review your claim to ensure that there are no errors in the medical or factual aspect and they can bring in an outside opinion to confirm. They can also ensure that your physician is aware of VA's requirements for establishing service-connection.

Search for attorneys with extensive experience in representing veterans at every stage of the appeals process, including remands back to VA and Court of Appeals for Veterans Claims. They should be willing and able to share information about veterans' rights to the general public. You should also inquire whether the lawyer has testimonials from satisfied clients.

How Much Does a Lawyer Charge?

Most VA disability attorneys do not charge for their services if they are helping you with your first application for benefits. A veteran service organization agent is a better option to help you with this process. If, however, you want to challenge a decision that the VA made on your claim or require an upgrade to your discharge to be eligible for benefits, you should consider working with an attorney.

Attorneys are permitted to charge between 20 and 33 percent for handling appeals. They can receive these fees from the government if they prevail in your case. Attorneys are also able to charge fees for military record correction and discharge upgrade.

They should explain their fee structure to you and include it in the fee agreement. In addition that the VA provides your lawyer with more than 20 percent of a past-due reward or benefit, then they must write an official check to you for that amount. The VA cannot utilize the money for "normal overhead" because these expenses are unrelated to your claim.

What Can a Lawyer Do for You?

Veterans with disabilities could be entitled to many benefits. This includes monetary compensation, medical care at no cost or for a low cost, support for education, and housing assistance. The process for obtaining these benefits can be confusing and complex. A lawyer can navigate the system to ensure that veterans receive all benefits they are entitled to.

A veteran can also get help from a disability attorney to navigate the complicated process of appealing a denied claim. They can assist in determining if the denial was justified, what appeals can be made under the legacy claims act or Appeals Modernization Act and what kind of evidence is required.

A lawyer can assist veterans receive reasonable accommodations at their workplace, school, or other situations. A lawyer can help a veteran learn what the Americans with Disabilities Act (ADA) says about these accommodations, which must be provided in accordance with federal law. They can also aid an individual in filing a discrimination lawsuit against an employer who fails provide them with reasonable accommodations. This is illegal and can lead to severe consequences for the veteran.

How do I make an insurance claim?

Utilizing the services of a veterans disability lawyer can make the process much more efficient. They can help you get the necessary records and provide all the information required to the VA.

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

Once the representative has made the final decision in your case, he will prepare a package to mail you with all the details of 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 the case analyzed by an experienced reviewer. This is a less formal review than a Board of Veterans' Appeals or a Notice of Disagreement. During this time, you can submit new and relevant evidence to support your supplementation claim. It is crucial to act fast, as you only have a year to file an appeal of this type.

What can an attorney do to help?

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

Veterans who are denied a claim by the VA can file a disagreement with their local office, or directly appeal to the Board of Veterans' Appeals. An attorney can assist a veteran with the entire appeals process, which includes hearings in a formal setting before the judge, if required.

A lawyer can also assist a veteran who is having difficulty finding work because of an impairment. Under USERRA employers are required to make reasonable accommodations to return veterans to work if it can be proven that their disability is caused or worsened due to their military service. An attorney can explain the process and help veterans disability lawyers fill out the necessary paperwork to make sure that their employer is meeting the requirements of USERRA. This is a much more complex matter than submitting an ADA claim, so it is imperative to employ an experienced attorney.