Why Using a Veterans Disability Legal Team Is a Good Idea

The plethora of delays veterans face in the VA's claims adjudication process are not only morally unconscionable and infringe the Due Process Clause of the Fifth Amendment.

Our lawyers are regularly involved in the legal issues of veterans with disabilities which includes pursuing an appeal following a denial from the VA. We work to raise the bar on how veterans are treated by the VA.

Why Hire an Attorney?

Although it is possible to get assistance from a Veterans Service Organisation (VSO) 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 confusing for the average person. They are also aware of the rules which govern the process and can utilize their knowledge to improve the odds of a successful claim.

If your claim is rejected by the court, an experienced attorney can make an appeal to receive the justice you're entitled to. They can examine your claim to make sure there aren't any mistakes in the facts or medical aspect, and they can bring in external opinions to confirm. They can also ensure that your doctor is aware of the VA's requirements for establishing service connection.

Find attorneys with extensive experience in representing veterans at every level of the appeals procedure including remands back to VA and Court of Appeals for Veterans Claims. They are likely to be willing and able to share information about veterans' rights to the general public. You should also determine whether the lawyer has testimonials from happy clients.

What is the average cost a lawyer can charge?

Most VA disability lawyers do not charge for their services if they're helping you with your initial application for benefits. An agent from the Veterans Service Organization is a better choice to assist you in this process. If you are looking to upgrade your discharge to qualify for benefits or you want to appeal the VA decision, you can take a look at consulting with a lawyer.

Lawyers can charge anywhere from 20 to 33 percent of the total cost of handling an appeal. They can take these costs back from the government if they win your case. Attorneys can also charge fees for corrections to military records and discharge enhancement.

They should be able to explain their fee structure to you and include it in the fee agreement. If the VA is able to pay more than 20% of any past due reward or award to your lawyer, they have to send you a check for that amount. The VA cannot utilize the money for "normal overhead" as these expenses are not directly related to your claim.

What Can a Lawyer Do for You?

Veterans with disabilities could have the right to a variety of benefits. These include monetary compensation, medical treatment at no cost or for a low cost, educational assistance and housing assistance. The process for obtaining these benefits is complicated and confusing. A lawyer can navigate the system to ensure that a veteran receives everything they are eligible for.

A veteran can also get assistance from a disability lawyer to navigate the complex process of appealing an denied claim. They can determine whether the denial was justified and what appeals can be made under the old claims act or the Appeals Modernization Act and what kind of evidence is needed.

A lawyer can also help to assist a veteran obtain reasonable accommodations at their workplace, school or other settings. A lawyer can help veterans to understand what the Americans with Disabilities Act says regarding the accommodations. They must be provided in accordance with federal law. Lawyers can also help veterans make a claim for discrimination against an employer that fails to provide reasonable accommodations. This is illegal and can result in severe consequences for the veteran.

How Do I File an Claim?

Utilizing the services of a veterans disability lawyer can accelerate the process significantly. They can assist you in getting the necessary records and provide the necessary information to the VA.

During the initial review, the VA examiner will review your medical diagnosis as well as your service records to determine if there is a connection. They will also scrutinize any new and relevant evidence you have submitted.

After the representative has recommended an ultimate decision on your case, he will prepare a letter to send you with all the details of your claim. It could take anywhere from seven to ten business days.

If the VA denies or is unable to correct an error in your rating, you can file an Supplemental claim and have the case reviewed with a senior reviewer. This is an informal review, not as formal as the Board of Veterans Disability Attorneys' Appeals or a Notice of Disagreement. During this time, you may submit new and relevant information to back your supplemental claim. But it is important to submit it in a timely manner, as there is only one year to file this type of appeal.

How Can an Attorney Help?

The laws enacted by Congress were designed with veterans in mind. However, the VA does not always interpret them in ways that benefit veterans. This is where an experienced New York disability attorney can aid.

Veterans who are denied a claim by the VA can file a disagreement with their local branch, or directly appeal to the Board of Veterans' Appeals. An attorney will help veterans through the entire appeals process, which includes an official hearing before an adjudicator, if needed.

A lawyer can also help veterans who are having difficulty finding work because of an impairment. Under USERRA, employers must make reasonable accommodations to return the veteran to work if it is established that their disability is caused by or worsened by their military service. An attorney can help explain the process and help veterans fill out the necessary paperwork to ensure that their employer is meeting the requirements of USERRA. This is a much more complex issue than filing an ADA claim. It is crucial to hire an experienced lawyer.