Why Using a Veterans Disability Legal Team Is a Good Idea

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

Our lawyers handle a range of disability cases for veterans and appeals against the decision of a VA denial.

Why Hire an Attorney

While it is possible to get assistance from a Veterans Service Organization (VSO), an attorney can help you receive more benefits. Attorneys have experience handling VA disability claims and know how to navigate through the process that can be confusing for the average person. They are also familiar with the rules which govern the process and can use their expertise to increase your chances of success.

If your initial claim is denied An experienced lawyer can appeal the decision and secure the compensation you deserve. They can review your claim to ensure there aren't any errors in the medical or factual aspect and they can bring in independent opinions to confirm. They can also ensure that your physician is aware of VA's requirements to establish service-connection.

Find lawyers with years of experience in representing veterans at all levels of the appeals process, including remands to the VA and the Court of Appeals for Veterans Claims. They must be able and willing to share information about veterans' rights with the general public. Request testimonials from the attorney.

How much can a lawyer charge?

The majority of VA disability lawyers don't charge you for their services if you require assistance in submitting your initial application for benefits. A veterans service organization agent is a better choice to help you with this process. If, however, you want to challenge a decision that the VA made regarding your claim, or if you require an upgrade to your discharge to be eligible for benefits you should consider working with an attorney.

Lawyers may charge 20 to 33 percent of the total amount for handling an appeal. They are able to take these costs back from the government if they prevail in your case. Attorneys may also charge charges for military record correction and discharge enhancement.

They should explain their fee structure to you and include it in the fee agreement. If the VA pays more than 20 percent of a past due reward or award to your lawyer, they have to send you a check for that amount. They are unable to use this money to cover "normal office overhead" because these costs aren't related to your claim.

What Can a Lawyer Do for You?

Many veterans suffering from disabilities have the right to a variety of benefits, such as financial compensation, free or low-cost medical treatments as well as education assistance and housing assistance. The process of obtaining these benefits can be a bit confusing and vimeo complicated. An attorney can help veterans obtain all the benefits they are entitled to.

A disability attorney can also help a veteran through the appeals process to a denial of claim. They can help determine whether the decision was justifiable and how to appeal under the old claims act or the Appeals Modernization Act and what kind of evidence is needed.

A lawyer can help veterans receive reasonable accommodations at their workplace or school environments. A lawyer can help veterans understand what the Americans with Disabilities Act (ADA) says about these accommodations, which are required to be provided in compliance with federal law. They can also assist veterans file a discrimination suit against an employer that fails to provide reasonable accommodations. This is illegal and could cause grave penalties for the veteran.

How Much Time Will It Take to File an Claim?

A veteran disability lawyer can assist you to speed up the process. They can assist you in getting the required documents and provide the required information to the VA.

In the initial review, the VA examiner checks your medical diagnosis as well as your service records to see whether there is any connection. They will also review any evidence that is new and relevant to the case you've submitted.

Once the representative has made a decision for your case, they will prepare a packet to mail to you with the details of your claim. This can take anywhere between seven and 10 days.

If the VA rejects your claim or mistakes in the rating, you may decide to submit a Supplemental Claim and have your case reviewed by an experienced reviewer. This is a more informal review than a Board of Veterans' Appeals, or a Notice of Disagreement. During this period you can provide new and relevant evidence to support your claim for supplemental benefits. However, it is essential to submit it in a timely manner because you have only one year to file this type appeal.

What Can an Attorney Do?

The laws enacted by Congress were written with veterans in mind, but the VA doesn't always interpret the laws in ways that are beneficial to veterans. An experienced New York disability lawyer can be of great help.

In cases where the VA refuses to allow a claim, lake jackson veterans disability attorney may file a notice of disagreement with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can assist a veteran through the entire appeals process, including a formal court hearing if needed.

A lawyer can also help those who are experiencing difficulty finding a job due to the disability. Employers are required by law to make reasonable accommodations for a veteran who is disabled because of their military service, or because it has been aggravated. An attorney will explain how this process works and assist an individual veteran complete the proper paperwork to ensure that the employer is meeting the requirements of USERRA. This is a significantly more complex issue than submitting an ADA claim, so it is crucial to hire an experienced attorney.