Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication procedure is amoral and violates the Fifth Amendment's Due Process Clause.

Our attorneys are frequently involved in the legal issues of veterans with disabilities as well as pursuing appeals following a denial by the VA. We aim to raise the bar on how veterans disability attorney get justice from the VA.

Why Hire an Attorney

It is possible to get help from a veterans service organization (VSO), 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 through it, which can be difficult for the average person. They are also knowledgeable about the rules that govern the process and can utilize their knowledge to improve your chances of success.

If your initial claim is rejected, an experienced lawyer can appeal the decision to secure the amount you're due. They can review your claim for any mistakes in facts or medical care and seek out outside opinions to support your claim. They can also ensure that your doctor understands the VA's requirements for establishing service-connection.

Find attorneys with years of experience representing veterans at every level of the appeals process including remands and remands to the VA and Court of Appeals for Veterans Claims. They are likely to be willing and able to provide information on veterans' rights to the general public. Request testimonials from the attorney.

How Much Can a Lawyer Charge?

The majority of VA disability lawyers won't charge for their services if you require assistance in filing your first application for benefits. Instead a veterans service organization agent can aid you in this process. If you are looking to upgrade your discharge to be eligible for benefits or you want to appeal an VA decision, you can take a look at hiring an attorney.

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

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

What Can a Lawyer Do for You?

Veterans with disabilities may have the right to a variety of benefits. These include financial compensation, medical care at no cost or for a low cost, educational assistance and housing assistance. The process of obtaining these benefits can be confusing and complex. A lawyer can help veterans obtain all the benefits they are entitled to.

A veteran can also get assistance from a disability attorney to navigate the complicated process of appealing a denied claim. They can assist in determining whether the denial was justified, what is the best way to file an appeal under either the legacy claim or Appeals Modernization Act, and what kind of evidence is needed.

A lawyer can assist veterans get reasonable accommodations at their workplace or at school settings. A lawyer can help a vet understand what the Americans with Disabilities Act says about the accommodations. They have to be provided in accordance with federal law. They can also assist veterans in filing a discrimination lawsuit against an employer who fails to provide reasonable accommodations. This is illegal and could have severe consequences for the veteran.

How is the time required to make a claim?

Using the services of a veteran disability lawyer can help speed up the process. They can assist you in obtaining the necessary records and provide all the information required to the VA.

During the initial review the VA examiner will review your medical and service records to see whether there is a connection. They will also examine any new evidence that you have provided.

Once the representative has made an appropriate decision for your case, they will prepare a packet to mail to you with details about your claim. This could take between seven and ten business days.

If the VA denies or makes an error in your rating, you may make a Supplemental claim and have your case reviewed by with a senior reviewer. This is an informal review process compared to the Board of Veterans' Appeals or a Notice of Disagreement. In this period you are able to submit new and relevant evidence to support your additional claim. But it is important that you submit the information promptly because you have only one year to file this kind appeal.

What can an attorney do to help?

The laws passed 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. A seasoned New York disability lawyer can be of great assistance.

In cases where the VA is unable to give an appeal, veterans can file a complaint with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney can assist veterans disability lawyer through the entire appeals process, including an official hearing before a judge, if necessary.

An attorney may also be able to assist with a case where a veteran is having difficulties regaining employment due disability. Under USERRA employers must make reasonable accommodations to return a veteran to work when it can be proven that their disability is due to or worsened by their military service. An attorney will explain how this process works and help an individual veteran complete the proper paperwork to ensure that the employer meets their obligations under USERRA. This is a far more complex issue than submitting an ADA claim, so it is crucial to hire an experienced attorney.