Why Using a Veterans Disability Legal Team Is a Good Idea

The VA's claim adjudication process is morally wrong and infringes the Fifth Amendment's Due Process Clause.

Our lawyers deal with a variety of veterans disability cases which include appealing a VA denial.

Why should you employ an attorney?

It is possible to receive assistance from a veterans service organization (VSO) however, hiring an attorney can help you receive more benefits. Attorneys are experienced in handling VA disability claims and are able to navigate the process which can be confusing for the average individual. They also know the rules that govern the claims process and can use this knowledge to increase your chances of obtaining success.

If your initial claim is rejected an experienced lawyer will appeal the decision and ensure you receive the amount you're due. They will review your claim for errors in fact or medical and also seek outside opinions to corroborate your case. They can also ensure that your doctor is knowledgeable with the VA's requirements for establishing connection to service.

Look for attorneys who have vast experience in representing shreveport veterans disability attorney at all levels of the appeals process including remands to VA and the Court of Appeals for Veterans Claims. They should be willing and able to share information about veterans' rights to the public. You should also determine whether the attorney has testimonials from satisfied clients.

What is the cost that a lawyer could charge?

The majority of VA disability attorneys do not charge for their services if they are helping you with your initial application for benefits. Instead an organization for veterans agent can assist you with this process. If you are looking to upgrade your discharge to be eligible for Vimeo benefits or to appeal a VA decision, you can think about working with an attorney.

Lawyers can charge between 20 to 33 percent of the total cost of handling an appeal. They are able to take these costs back from the government if they win your case. Attorneys can also charge fees for military record correction and discharge upgrades.

However, they must be transparent with you regarding their fees and expenses and should be able to include this in their fee agreement with you. Additionally, if the VA gives your lawyer more than 20 percent of any past due benefits or awards, they have to write a check to you directly for the additional amount. The VA cannot make use of the funds for "normal overhead" as these expenses are unrelated to your claim.

What Can a Lawyer Do for You?

Many veterans suffering from disabilities have the right to a variety of benefits, such as monetary compensation, free or low-cost medical services as well as education assistance and housing assistance. The process for obtaining these benefits can be confusing and complex. An attorney can help veterans get all the benefits they are entitled to.

Veteran can also seek assistance from a disability attorney to navigate the difficult process of appealing an denied claim. They can help determine whether the decision was justifiable 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 also work to assist veterans in obtaining reasonable accommodations at work, school or other settings. A lawyer can assist a veteran learn what the Americans with Disabilities Act (ADA) states about the accommodations that must be made in accordance with federal law. They can also help a veteran file a discrimination suit against an employer who fails to provide reasonable accommodations. This is illegal and can result in severe consequences for the veteran.

How is the time required to file an insurance claim?

Using the services of a veterans disability lawyer can accelerate the process significantly. They can help you obtain the necessary records and provide all the information required to the VA.

During the initial review process, the VA examiner will check your medical diagnosis and service record to determine whether they are in any way connected. They will also review any evidence of relevance and new you've provided.

After the rep has made the decision on your case, they'll prepare a package to send to you with the details of your claim. This can take anywhere between seven and 10 days.

If the VA refuses to accept your claim or is unable to correct the rating, you can decide to file a Supplemental Claim and have your case reviewed by a senior reviewer. This is a less formal review than a Board of Veterans' Appeals or a Notice of Disagreement. During this time you can file new and relevant evidence to support your claim for supplemental benefits. It is essential to act swiftly, as you have only one year to file an appeal of this kind.

How can an attorney help?

The laws enacted by Congress were written with veterans in mind, but the VA is not always interpreting the laws in ways that are beneficial to veterans. This is where an experienced New York disability attorney can help.

Veterans who are denied a claim by the VA may file a complaint with their local office or appeal directly to the Board of Veterans' Appeals. An attorney can assist veterans throughout the appeals process, which includes the formal court hearings should it be required.

An attorney can also assist in cases where a veteran is having trouble reemploying due to their disability. Employers are required to provide reasonable accommodations for veterans who is disabled because of their military service, or because it has been aggravated. An attorney will explain how this process works and help veterans file the appropriate paperwork to make sure that the employer complies with their obligations under USERRA. This is a significantly more complex process than filing an ADA claim, which is why it is important to engage an experienced attorney.