Why Using a Veterans Disability Legal Team Is a Good Idea

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

Our attorneys handle a variety of veterans disability cases, including appealing an VA denial.

Why Hire an Attorney?

While it is possible to seek help from a Veterans Service Organisation (VSO) but an attorney can help you obtain more benefits. Attorneys have experience in handling VA disability claims and are able to navigate the process, which can be confusing for the average individual. They also know the rules that govern the claims process and are able to use this knowledge to improve the chances of success.

If your initial claim is denied an experienced lawyer will file an appeal to obtain the compensation you deserve. They will review your claim for mistakes in the medical or factual aspect and bring in outside opinions to prove your case. They can also ensure that your physician is familiar with the VA's requirements to establish connection to services.

Choose lawyers who have extensive experience representing veterans at all levels of the appeals process, including remands and remands for the VA and the Court of Appeals for Veterans Claims. They are likely to be willing and able to share information regarding veterans' rights to the general public. Request testimonials from the attorney.

How Much Does a Lawyer Charge?

The majority of VA disability lawyers will not charge you for their services if you require assistance in filing your first application for benefits. A veteran service organization agent is the best choice to assist you in this process. If you'd like to challenge a decision the VA made regarding your claim or require a discharge upgrade in order to qualify for benefits, you should consider working with an attorney.

Attorneys can charge between 20 and 33 percent for the process of handling appeals. They are able to get these fees from the government if they prevail in your case. Attorneys are also allowed to charge fees for military records correction and discharge enhancements.

They must explain their fee structure to you and include it in the fee agreement. In addition to this, if the VA gives your lawyer more than 20 percent of a past-due benefit or award, they must write an official check to you for that amount. The VA is not able to use the money to pay for "normal overhead" as these expenses are not related to your claim.

What Can an Attorney Do for You?

Many Veterans disability attorneys with disabilities have access to a wide range of benefits, such as cash compensation, free or low-cost medical treatment along with education support and housing assistance. The process to obtain these benefits is complex and confusing. A lawyer can help ensure that veterans receive everything they're entitled to.

A disability attorney can assist veterans through the procedure of appealing a denial of claim. They can determine 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 can also work to assist a veteran obtain reasonable accommodations at their workplace or school, among other places. A lawyer can assist veterans understand what the Americans with Disabilities Act (ADA) provides about the accommodations that are required to be provided in compliance with federal law. They can also assist veterans make a claim for discrimination against an employer who does not provide reasonable accommodations. This is illegal and could result in severe penalties for the veteran.

How is the time required to make a claim?

A veteran disability lawyer can assist you to accelerate the process. They can assist you in getting the required records and supply details to the VA.

During the initial review process in the initial review, the VA examiner will review your medical diagnosis and service record to see whether they are linked. They will also examine any evidence that you have provided.

Once the representative has made the final decision in your case, he'll create a package to send you with all the details of your claim. It could take anywhere from seven to ten business days.

If the VA rejects your claim or is unable to correct the rating, you can opt to submit a Supplemental Claim and have the case analyzed by a senior reviewer. This is a less formal review than the Board of Veterans' Appeals or a Notice of Disagreement. In this period you are allowed to submit additional and relevant evidence to your supplemental claim. But it is important that you submit the information promptly 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 designed to be supportive of veterans, however the VA is not always willing to interpret them in a manner which is in favor of veterans. This is why having an experienced New York disability attorney can help.

Veterans who are denied an appeal by the VA can file a disagreement with the local office or directly appeal to the Board of Veterans' Appeals. An attorney will help veterans throughout the appeals process, which includes hearings in a formal setting before an attorney, if necessary.

An attorney can also assist with a case where a veteran has difficulty re-employing due their disability. Under USERRA employers are required to provide reasonable accommodations to allow an employee back to work if it is established that their disability is caused by or caused due to their military service. An attorney can explain how this process works and assist a veteran file the proper paperwork to ensure that the employer is meeting their obligations under USERRA. This is a significantly more complicated matter than filing an ADA claim, therefore it is crucial to hire an experienced attorney.