Why Using a Veterans Disability Legal Team Is a Good Idea
The VA's claim adjudication procedure is morally indefensible and violates the Due Process Clause of the Fifth Amendment.
Our attorneys handle a variety of disability cases for veterans and appeals against the decision of a VA denial.
Why should you hire an attorney?
While it is possible to get help from the Veterans Service Organization (VSO) but an attorney can help you obtain more benefits. Attorneys have experience handling VA disability claims and know how to navigate the process which can be confusing for the average individual. They are also aware of the rules which govern the process and can apply their expertise to increase the odds of a successful claim.
If your claim is rejected by the court, an experienced lawyer can make an appeal to get you what you're entitled to. They will review your claim to make sure there aren't any errors in the medical or factual aspect and can even bring in an outside opinion to confirm. They can also ensure that your physician is familiar with the VA's requirements to establish connection to services.
Find attorneys with years of experience representing veterans at every level of the appeals procedure, including remands to the VA and Court of Appeals for Veterans Claims. They should be able to give information to the general public, and also educate veterans about their rights. You should also inquire whether the lawyer has testimonials from happy clients.
How Much Does a Lawyer Charge?
Most VA disability lawyers don't charge you for their services if you need assistance in submitting your initial application for benefits. A veteran service organization agent is a better choice to help you with this procedure. If you are looking to upgrade your discharge to be eligible for benefits, or you wish to appeal a VA decision, you might take a look at working with a lawyer.
Attorneys can charge between 20 to 33 percent for the handling of an appeal and they can get these fees from government if they prevail in your case. Attorneys can also charge fees for corrections to military records and discharge enhancement.
They should be able to explain their fee structure to you and include it in the fee agreement. In addition when the VA will pay your lawyer more than 20 percent of any past-due benefit or award, then they must write an official check to you for the extra amount. The VA is not able to use the money to pay for "normal overhead" since these costs are not connected to your claim.
What can an attorney do for You?
Many veterans with disabilities have access to a wide range of benefits, including financial compensation, free or low-cost medical care along with education support and housing assistance. The process of obtaining these benefits is complex and complicated. A lawyer can navigate the system to ensure that
Veterans Disability Attorney receive everything they're entitled to.
Veterans can also seek assistance from a disability attorney to navigate the complexities of appealing an denied claim. They can determine whether the denial was justified and how to appeal under the rules of the legacy claims act, or the Appeals Modernization Act and what type of evidence is required.
A lawyer can assist
veterans disability attorneys receive reasonable accommodations in their workplace or at school, as well as other environments. A lawyer can assist veterans understand what the Americans with Disabilities Act says about accommodations for disabled people. They must be provided according to federal law. They can also aid the veteran in filing a discrimination lawsuit against an employer that fails to provide them with reasonable accommodations. This is illegal and could have serious consequences for the veteran.
How is the time required to file an insurance claim?
Utilizing the services of a veteran disability lawyer can accelerate the process significantly. They can help you get the necessary records and provide all the necessary information to the VA.
During the initial review process, the VA examiner will review your medical diagnosis and record to determine whether they are in any way connected. They will also scrutinize any new and relevant evidence you have submitted.
After the rep has made the decision on your case, they'll make a document to send to you, containing details regarding your claim. This can take anywhere between seven and 10 days.
If the VA denies your claim or is unable to correct the rating, you can decide to submit a Supplemental Claim and have your case reviewed by an experienced reviewer. This is a less formal review than a Board of Veterans' Appeals, or a Notice of Disagreement. During this period you can submit new or relevant evidence to support your supplemental claim. But it is important that you submit the information promptly, as there is only one year to file this kind appeal.
What can an attorney do to help?
The laws passed by Congress are written to be friendly to veterans, however the VA isn't always able to interpret them in a manner that benefits veterans. A seasoned New York disability lawyer can provide a great service.
If the VA is unable to give a claim, veterans may submit a notice of disagreement with the local office or directly appeal the decision to the Board of Veterans' Appeals. An attorney will help a veteran with the entire appeals process, which includes hearings in a formal setting before an adjudicator, if needed.
An attorney can also help in cases where a veteran has difficulty regaining employment due to their disability. Employers are required to provide reasonable accommodations for a veteran who is disabled due to their military service or it has been aggravated. An attorney will explain how this is done and assist an individual veteran complete the proper paperwork to ensure that the employer meets their obligations under USERRA. This is a more difficult issue than filing an ADA claim. It is important to find a skilled lawyer.