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 unconscionable however, they also violate the Due Process Clause of the Fifth Amendment.

Our attorneys regularly handle cases involving veterans disability which includes pursuing an appeal after a denial made by the VA. We are determined to raise the bar for the way veterans can get justice from the VA.

Why do you need an attorney?

While it is possible get help from a veterans service organization (VSO) but hiring an attorney can help you receive more benefits. Attorneys have experience in handling VA disability claims and know how to navigate the process which can be a bit complicated for the average person. They are also familiar with the rules which govern the process and can apply their expertise to increase the chances of your success.

If your initial claim is rejected an experienced lawyer will make an appeal to secure the amount you're due. They can examine your claim to ensure that there are no medical or factual mistakes and they can bring in outside opinions for confirmation. They can also make sure that your doctor is aware of the VA's requirements to establish service-connection.

Look for attorneys who have years of experience in representing veterans at all levels of the appeals procedure, including remands and remands for the VA and the Court of Appeals for Veterans Claims. They should be willing to give information to the public and educate veterans about their rights. Ask the attorney for testimonials.

What is the cost that a lawyer could charge?

Most VA disability attorneys do not charge for their services if they are helping you with your initial application for benefits. Instead an organization that serves veterans agent can aid you in this procedure. If, however, you want to challenge a decision that the VA made regarding your claim, or if you require an upgrade in your discharge to qualify for benefits, you should consider working with an attorney.

Attorneys are permitted to charge between 20 and 33 percent for handling appeals. They are able to receive these fees from the government if they win your appeal. Attorneys are also able to charge fees for military records correction and discharge upgrades.

But, they should be clear with you about their fees and expenses and should include this in a fee agreement with you. Additionally, if the VA will pay your lawyer more than 20 percent of the past due reward or benefit, then they have to write an individual check to you for the additional amount. The VA cannot make use of the funds for "normal overhead" because these expenses are not related to your claim.

What can an attorney do for You?

Many veterans with disabilities have access to a wide range of benefits, including monetary compensation, free or low-cost medical treatment along with education support and housing assistance. The process of obtaining these benefits can be complex and complicated. A lawyer can help ensure that a veteran receives all benefits they are entitled to.

A veteran can also get assistance from a disability lawyer to navigate the complexities of appealing a denied claim. They can assist in determining whether the denial was justified or not, and what is the best way to file an appeal under either the legacy claims system or Appeals Modernization Act, and what type of evidence is needed.

A lawyer can assist veterans get reasonable accommodations at work, school, or other environments. A lawyer can assist veterans comprehend what the Americans with Disabilities Act says about the accommodations. They must be made available according to federal law. They can also assist the veteran in filing a discrimination lawsuit against an employer who fails provide reasonable accommodations. This is illegal and can cause severe consequences for the veteran.

How is the time required to make a claim?

Using the services of a veterans disability lawyer can speed up the process considerably. They can assist you in obtaining the necessary records and provide 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 review any new evidence you have provided.

After the rep has recommended the decision on your case, they'll make a document to send to you with the details of your claim. This could take between seven and ten business days.

If the VA denies or is unable to correct an error in your rating, then you can submit a Supplemental claim and have the case reviewed in the hands of a senior reviewer. This is a more informal review than a Board of Veterans' Appeals or a Notice of Disagreement. During this time you can provide new or relevant evidence to support your supplemental claim. It is essential to act quickly, as you only have a year to appeal a decision of this kind.

What can a lawyer do to help?

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

If the VA refuses to give a claim, veterans may file a complaint with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can assist veterans through the entire appeals process, which includes an official hearing before an adjudicator, if needed.

An attorney can also help in a situation in which a veteran is having difficulty regaining employment due to their disability. Employers must make reasonable accommodations for veterans who is disabled because of their military service or it has been aggravated. An attorney can help explain the process and help veterans complete the paperwork necessary to ensure that their employer is meeting the requirements of USERRA. This is a more complex matter than submitting an ADA claim, therefore it is essential to work with an experienced attorney.