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 veterans disability cases that include appealing an VA denial.

Why do you need an attorney?

It is possible to get help from the Veterans Service Organization (VSO) but an attorney can help you obtain more benefits. Attorneys are aware of the VA disability claims procedure and can help you navigate the process, which can be confusing to the average person. They are also aware of the regulations that govern the process of filing claims and are able to use this knowledge to increase your chances of obtaining success.

If your initial claim is rejected, an experienced lawyer can file an appeal to get you the amount you're due. They can review your claim to ensure that there are no errors in the medical or factual aspect and they can bring in outside opinions for confirmation. They can also make sure that your doctor is acquainted with the VA's requirements for establishing connection to service.

Search for attorneys with years of experience representing veterans disability lawyers at every level of the appeals process including remands back to the VA and Court of Appeals for veterans disability attorneys (Highly recommended Resource site) Claims. They must be able and willing to share information regarding veterans' rights with the public. You should also find out whether the attorney has testimonials from satisfied clients.

How Much Can a Lawyer Charge?

Most VA disability lawyers don't charge you for their services if you require assistance in filing your first application for benefits. A representative from the veterans service organization is a better option to help you with this process. If, however, you want to challenge a decision that the VA made regarding your claim or you need an upgrade in your discharge to be eligible for benefits you should consider working with an attorney.

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

But, they should be clear with you about their fee structure and expenses and should mention this in a fee agreement with you. If the VA pays more than 20 percent of a past due reward or award to your lawyer, they must send you a check for the amount. The VA cannot make use of the funds for "normal overhead" since these expenses are not related to your claim.

What Can a Lawyer Do for You?

Many veterans suffering from disabilities are entitled to a variety of benefits, including financial compensation, free or low-cost medical treatment as well as education assistance and housing assistance. The process for obtaining these benefits can be complex and confusing. A lawyer can help ensure that veterans receive all benefits they are entitled to.

Veterans can also seek help from a disability attorney to navigate the complex process of appealing an denied claim. They can assist with determining the properness of the denial and also 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 help veterans obtain reasonable accommodations at work or school situations. A lawyer can assist a veteran to understand what the Americans with Disabilities Act (ADA) stipulates about the accommodations that must be made in accordance with federal law. They can also assist an individual make a claim for discrimination against an employer that does not provide reasonable accommodations. This is illegal and can cause severe consequences for the veteran.

How do I file a claim?

Using the services of a veterans disability lawyer can make the process much more efficient. They can help you get the necessary records and provide the required information to the VA.

During the initial review process during the initial review process, a VA examiner will look over your medical diagnosis and record to determine whether they are linked. They will also scrutinize any evidence that is new and relevant to the case you've provided.

After the rep has made the decision on your case, they will 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 mistakes in your rating, you can file a Supplemental claim and have the case reviewed in the hands of a senior reviewer. This is a less formal review than the Board of Veterans' Appeals or a Notice of Disagreement. During this time you are able to submit new and relevant evidence to support your additional claim. It is imperative to act quickly, as you have only one year to file an appeal of this type.

What Can an Attorney Do?

The laws enacted by Congress are written to be supportive of veterans, however the VA isn't always willing to interpret them in a way which is in favor of veterans. A knowledgeable New York disability lawyer can assist you.

In cases where the VA does not accept 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 help veterans throughout the appeals process, including the formal court hearing if needed.

Lawyers can also assist those who are experiencing difficulty finding work due to a disability. Employers are required to provide reasonable accommodations for veterans who is disabled as a result of their military service, or because it has been aggravated. An attorney will explain the process and assist an individual veteran complete the proper paperwork to ensure that the employer is in compliance with the requirements of USERRA. This is a far more complex issue than submitting an ADA claim, which is why it is essential to work with an experienced attorney.