Why Using a Veterans Disability Legal Team Is a Good Idea

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

Our lawyers handle a variety of disability cases for veterans, including appealing an appeal of a VA denial.

Why should you employ an attorney?

It is possible to get help from Veterans Service Organization (VSO), an attorney can help you get more benefits. Attorneys are experienced in handling VA disability claims and are able to navigate through the process which can be difficult for the average person. They also understand the regulations that govern the claims process and can use this knowledge to improve your chances of obtaining success.

If your claim is rejected by the court, a seasoned lawyer can file an appeal in order to get you what you're entitled to. They can review your claim to ensure there aren't any medical or factual mistakes and they can bring in an outside opinion to confirm. They can also make sure that your physician is aware of VA's requirements for establishing service-connection.

Find attorneys with years of experience in representing veterans disability law firms at all levels of the appeals process including remands to the VA and the Court of Appeals for Veterans Claims. They should be willing and able to share information about veterans' rights to the public. Ask the attorney for testimonials.

How Much Can a Lawyer Charge?

The majority of VA disability lawyers do not charge for their services if they are helping you with your first application for benefits. A veterans service organization agent is a better option to assist you through this procedure. If you need to upgrade your discharge to be eligible for benefits, or you wish to appeal an VA decision, you might consider hiring a lawyer.

Lawyers can charge anywhere from 20 to 33 percent of the total amount for handling an appeal. They are able to take these costs back from the government if they prevail in your case. Attorneys may also charge fees for corrections to military records and discharge upgrade.

But, they should be transparent with you regarding their fees and expenses and should include this in a fee agreement with you. If the VA pays more than 20 percent of a past due benefits or awards to your lawyer, they have to send you a check for the amount. They are not able to use this money for "normal office overhead" because these expenses aren't related to your claim.

What Can an Attorney Do for You

Veterans with disabilities may have the right to a variety of benefits. They can receive monetary compensation, medical care at no or low cost, support for education and housing aid. The process for obtaining these benefits is complicated and confusing. A lawyer can assist veterans get all the benefits they are entitled to.

A disability attorney can assist veterans with the appeal process for a denied claim. They can help determine the properness of the denial and how to file an appeal under either the legacy claims act or Appeals Modernization Act, and what type of evidence is needed.

A lawyer can also work with a veteran to ensure reasonable accommodations in their workplace or school, among other places. A lawyer can help a veteran comprehend what the Americans with Disabilities Act (ADA) provides regarding these accommodations, which are required to be provided in compliance with federal law. They can also aid an individual in filing a discrimination suit against an employer that fails to provide them with reasonable accommodations. This is illegal and could cause grave consequences for the veteran.

How do I make an insurance claim?

Using the services of a veterans disability lawyer can speed up the process considerably. They can help you obtain the documents and provide the necessary information to the VA.

During the initial review process during the initial review process, the VA examiner will scrutinize your medical diagnosis and service record to see whether they're connected. They will also scrutinize any new evidence you have provided.

After the representative has recommended a final decision in your case, the representative will create a package to send you with all the details of your claim. This could take between seven and ten business days.

If the VA refuses to accept your claim or mistakes in the rating, you can choose to submit a Supplemental Claim and have it reviewed by an experienced reviewer. This is a less formal review than the Board of Veterans' Appeals, or a Notice of Disagreement. During this time you may submit new and relevant evidence to your supplemental claim. It is crucial to act swiftly, as you have only one year to file an appeal of this kind.

What Can an Attorney Do?

The laws passed by Congress are written to be supportive of veterans, however the VA isn't always able to interpret them in a manner that favors veterans. This is where an experienced New York disability attorney can aid.

Veterans who are denied an appeal by the VA may file a complaint with their local office, or appeal directly to the Board of veterans Disability attorneys' Appeals. An attorney can guide a veteran through the entire appeals process, including a formal court hearing if needed.

A lawyer can also help an individual who is having difficulty finding a job due to a disability. Under USERRA employers are required to provide reasonable accommodations to allow a veteran to work when it is proven that their disability is caused or aggravated due to their military service. An attorney can explain the process and assist veterans file the appropriate paperwork to ensure that the employer is in compliance with their obligations under USERRA. This is a significantly more complicated matter than filing an ADA claim, so it is imperative to employ an experienced attorney.