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 lawyers handle a variety of disability cases for veterans that include appealing the decision of a VA denial.

Why do you need an attorney?

It is possible to get assistance from the Veterans Service Organization (VSO) but an attorney can help you get more benefits. Attorneys are experienced in handling VA disability claims and know how to navigate the process which can be a bit confusing for the average person. They are also aware of the regulations that govern the claims process and can apply this knowledge to improve your chances of obtaining success.

If your initial claim is rejected an experienced lawyer will make an appeal to ensure you receive the compensation you deserve. They will carefully examine your claim for any medical or factual errors and also seek outside opinions to support your claim. They can also make sure 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 process including remands back to VA and Court of Appeals for Veterans Claims. They must be able and willing to share information regarding veterans' rights to the public. Ask the attorney for testimonials.

How Much Does a Lawyer Charge?

Most VA disability lawyers will not charge you for their services if they're helping you with your first application for benefits. Instead a veterans service organization agent can aid you in this procedure. If you're looking to enhance your discharge to qualify for benefits, or you wish to appeal the VA decision, you should think about working with an attorney.

Attorneys are allowed to charge between 20 and 33 percent to handle appeals. They can get these fees from the government if they win your case. Attorneys are also allowed to charge fees for corrections to military records and discharge enhancements.

But, they should be forthcoming with you about their fees and expenses and include this information in the fee agreement they sign with you. If the VA pays more than 20% of any past due benefit or award to your lawyer, they must send you a check for that amount. The VA cannot use the money to pay for "normal overhead" as these expenses are not connected to your claim.

What Can a Lawyer Do for You?

Many veterans who suffer from disabilities are entitled to a variety of benefits, such as financial compensation, free or low-cost medical treatment along with education support and housing assistance. The process for obtaining these benefits can be complex and complicated. An attorney can help veterans get the benefits they are entitled to.

Veteran can also seek assistance from a disability attorney to navigate the complexities of appealing an denied claim. They can help determine whether the denial was justified, how to appeal under the legacy claims act or Appeals Modernization Act and what type of evidence is required.

A lawyer can also work with a veteran to ensure reasonable accommodations at work or school, or in other settings. A lawyer can assist veterans learn what the Americans with Disabilities Act (ADA) states about the accommodations that must be provided in accordance with federal law. Lawyers can also help a veteran bring a discrimination lawsuit against an employer who does not provide reasonable accommodations. This is illegal and could have grave consequences 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 records needed and provide all the necessary information to the VA.

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

Once the representative has made an ultimate decision on your case, the representative will make a document to mail you with all the details of your claim. It can take between seven and ten days.

If the VA denies your claim, or mistakes in the rating, you can choose to file a Supplemental Claim and have the case analyzed by a senior reviewer. This is a more informal review than a Board of Veterans' Appeals or a Notice of Disagreement. During this time you are allowed to submit additional and relevant evidence to support your supplemental claim. It is essential to act quickly, as you have only one year to appeal a decision of this type.

How can an attorney help?

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

Veterans who are denied an appeal by the VA can file a dispute with their local office, or appeal directly to the Board of veterans disability lawyer' Appeals. An attorney can help veterans disability law firms (Highly recommended Resource site) through the entire appeals process, which includes an official court hearing when needed.

A lawyer can also assist veterans who are having difficulties finding work due to an impairment. Under USERRA employers are required to make reasonable accommodations to allow an employee back to work if it can be shown that their disability is caused by or caused by their military service. An attorney will explain how this process works and assist an individual veteran complete the proper paperwork to ensure that the employer meets the requirements of USERRA. This is a much more complex issue than submitting an ADA claim, therefore it is essential to work with an experienced attorney.