does having a lawyer make a difference when you have a va compensation review

The simple answer is yes — your veterans benefits lawyer definitely should always be VA accredited. This accreditation means the Department of Veterans Affairs (VA) approved this lawyer to assist you with your benefits application. It’s technically against federal law for a non-accredited agent to assist you with the process—in most cases.

Full Answer

Can a lawyer handle a VA claim for You?

You’ll no longer have to talk to the VA about your claim. Instead, you’ll call your law firm, and we will handle the VA for you. If you have a simple claim, using a free VSO might be a good idea. A VSO will be able to handle something simple like a tinnitus claim.

Is it worth it to hire a VA lawyer?

A VA Accredited/Certified Veterans Benefits Lawyer is worth it. Most veterans never thought they would have to hire a VA-certified veterans benefits lawyer to get their benefits. Unfortunately, the VA denies lots of claims.

Can a veteran contest the amount of attorney fees in VA?

Third, at the end of the veterans claim, if the 20% seems really high relative to the attorney’s work, the veteran can contest the amount of attorney fees that the VA withholds to pay the attorney. Finally, it helps to understand the little-known history of attorney fees in Veterans compensation claims.

How do you pay for a VA lawyer?

Typically these fees will be paid directly out of the any lump-sum payment you get from the VA. For example, say you filed a disability claim on Jan. 1, 2016 but were denied. On Jan. 1, 2017 you hired a lawyer and signed a contract for a 20 percent contingency fee.

What are the chances of winning an appeal with the VA?

Without representation, veterans have a roughly one in four chance of receiving benefits on appeal: 2017 - 24.42% of appeals were approved with no representative. 2018 - 27.22% of appeals were approved with no representative. 2019 - 26.18% of appeals were approved with no representative.

What increases VA disability rating?

Under certain circumstances, VA may increase a veteran's disability rating in light of new evidence that their condition has deteriorated. Veterans may also file a claim for an increased rating if they believe that their condition has worsened since they were initially granted their disability rating.

How often does the VA do reevaluate disability ratings?

every 2 to 5 yearsBasically, the VA can reevaluate your disability rating every 2 to 5 years unless your rating is permanent or protected. Depending on the results of the reexamination and reevaluation, you may see a reduced rating. Some conditions are likely to fluctuate in severity over time.

Can the VA take away my disability compensation?

The U.S. Department of Veterans Affairs (VA) can take away your disability rating if it determines you received your rating fraudulently, or if it determines it made a “clear and unmistakable error” when issuing your rating.

What is the VA 5 year rule?

The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.

What happens to my VA disability when I turn 65?

Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.

Does VA spy on disabled veterans?

A VA inspector used a spy-like camera-pen to record the veteran engaged in a VA social function. At this point, you might be thinking to yourself, “The severity of my disability is real, and the VA has proof.” Which, by the way, is the case for 99% of veterans with service-connected disabilities.

What is the 55 year old rule for VA disability?

What is the VA 55-year-old rule? Veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55 years old. This includes veterans who will be 55 by the date of a future examination, according to the VA Adjudication Procedures Manual.

How do you know if your VA disability is permanent?

How to Know When Your Disability Rating is Permanent. Take a look at the decision letter VA sent you when granting benefits (i.e., your Rating Decision's Notice of Action letter). On some Rating Decisions, there is a Permanent and Total box that will be checked if your 100% disability is permanent.

What can cause you to lose your VA benefits?

We discuss a few common reasons why veterans may not be receiving all of their VA disability compensation, or why they are suddenly not receiving any.Severance of Disability. ... VA Overpayments. ... Recouping Severance or Separation Pay. ... Run-Ins with the Law.

How often does the VA try to lower compensation?

Between two and five yearsVA usually reevaluates veterans' service-connected disabilities on two occasions: Six months after leaving military service; and. Between two and five years from the date of the decision to grant VA disability benefits.

Is PTSD a permanent VA disability?

3. The veteran's total disability due to PTSD is permanent with no likelihood of improvement. The 100 percent rating for PTSD is total, permanent, and static in nature.

What are the rights of a disabled veteran?

Learn Your Rights: As a veteran with disabilities, you have rights. These rights include compensation for your service-connected disabilities. The military promised to take care of you if injury from service occurred. Talk to a VA accredited veterans benefits lawyer about your rights as a disabled veteran.

Do you have to pay a penny if your claim is not successful?

Those fees are only paid if your claim is successful. Usually the reports needed by experts don’t cost that much and we always get the client’s permission before any case expenses are added to your case. If your claim is not successful, you do not have to repay a penny of your case expenses.

Can a veteran claim a tiny law?

There are many old cases that are relevant to veterans’ claims today. Citing a tiny law or legal case from 1987 could be a determining factor in your claim. This is where hiring a qualified VA certified disability attorney can make the difference in your claim.

Should veterans appeal a flat out denial?

Some veterans should focus on VA mistakes, some should appeal a flat-out denial, and others should try increasing their veterans disability benefits rating. A VA certified disability attorney can help you decide what is the best of course of action for your claim.

Why hire a veteran lawyer?

The right reason to hire me or any veteran’s lawyer is that you believe we can help you get a better decision from the VA on your claim that has either been (1) denied or (2) underrated. And just as any person would in any legal matter, you look beyond the attorney’s VA accreditation.

What is the duty of a VA contingency attorney?

An attorney’s duty to their client is absolute and allowing the VA-regulated contingency fee puts the attorney’s interest and the client’s interest in sync with each other. That is price performance. If you’re going to pay a Veterans claims attorney then that attorney must be able to bring additional value to your case.

What is a VSO representative?

VSO representatives are salaried employees who may work full or part time. Some Veterans Service Organizations are recognized by the VA for the purpose of preparation, presentation, and prosecution of claims under laws administered by the VA; yet, some are NOT recognized by the VA for these purposes.

How long does it take for a vet to hire an attorney?

What it really means is that the attorney agrees to work for free unless and until the case can be won. Often this can take many months or even years. In short, every vet with a meritorious claim can afford to hire a qualified attorney.

Can a veteran use a VSO for free?

Veterans have always had the ability to use a VSO for free. And yes, to the veteran it’s as though the VSO works for free. But a bargain does not mean it’s a good buy. You get what you pay for. Many VSO’s do admirable work, but many do not. VSO representatives are salaried employees who may work full or part time.

Can veterans hire lawyers?

Veterans could now hire qualified attorneys to represent them, and earlier in the process. In short, veterans had access to lawyers who really knew how to help them even in the most complex cases. This has dramatically increased the success rate of how many veterans are able to win their claims.

Did the government stop veterans from getting legal representation?

Until 2007, veterans were effectively denied by law access to qualified attorneys to represent them prior to exhausting all their administrative appeals. In many minds, this was the federal government purposefully preventing veterans from getting effective representation on monetary claims against the government.

What is the VA decision review process?

VA decision reviews and appeals. The legacy VA appeals process has changed to the decision review process. If you disagree with a VA decision dated on or after February 19, 2019, you can choose from 3 decision review options (Supplemental Claim, Higher-Level Review, or Board Appeal) to continue your case.

How long do you have to file a decision review?

In most situations you have one year from the date on your decision letter to request a decision review. The deadline to file may be different if you have a fiduciary claim or a contested claim, or you’re filing a Supplemental Claim.

Can you submit new evidence to a higher level review?

You can’t submit new evidence with a Higher-Level Review. Decision review option: Board Appeal. You can appeal to the Board of Veterans’ Appeals and have a Veterans Law Judge review your case. After you request a decision review. Find out what happens after you request a decision review. Contested claims.

What should an attorney do for a disability?

Your attorney should be able to clearly explain the possibilities of your disability rating, how to establish when your disability began , and what is expected of you throughout the process. Dedicated. Your attorney should be willing to represent you throughout the life of your case, including the highest levels of appeal.

Does a VA disability attorney work for you?

In contrast, an accredited VA disability attorney works directly for you.

Who can help you request a VA decision review?

If you need help requesting a review, a Veterans service organization or VA-accredited attorney or agent can help you request a decision review.

How long does it take to change VA decision review?

If you’ve submitted a form and want to change your review option, you can send in a new decision review request form within 1 year from the date on your VA decision. You must include a letter that says you want to withdraw your existing review and switch to a different option. If you requested a Board Appeal and want to switch to ...

What to do if the VA deadline has passed?

If the deadline has passed, you can either: Add new and relevant evidence and file a Supplemental Claim. Because the deadline has passed, the effective date for benefits will generally be tied to the date VA receives the new request, ...

How long do you have to appeal a SSOC?

Or opt in to the new decision review process. You have 60 days from the date on the Supplemental Statement of the Case to opt in to the new decision review process. Last updated: June 1, 2020.

How long does it take to add evidence to an appeal?

The hearing will be transcribed and added to your appeal file. You can add new and relevant evidence within 90 days after the hearing, but it isn’t required.

What is new evidence VA?

New evidence is information that VA didn’t have before the last decision. Relevant evidence is information that could prove or disprove something about your case. VA can’t accept a Supplemental Claim without new and relevant evidence. You can either submit the evidence yourself or identify evidence, like medical records, ...

Does the VA duty to assist apply to a Supplemental Claim?

VA’s Duty to Assist applies during your initial claim and if you file a Supplemental Claim. If you request a Higher-Level Review or Board Appeal, Duty to Assist doesn’t apply. However, the reviewer or judge will look at whether VA met its Duty to Assist during your initial claim or Supplemental Claim, and if not, they’ll have VA correct that error. ...

What is a VA Pension?

Some wartime veterans and their survivors are eligible for a VA Pension.

What is VA Compensation?

VA Compensation is a form of disability compensation that is paid to Veterans with disabilities from active military service or for diseases or injuries that were incurred or aggravated during active military service. Disability compensation is tax-free.

What is the Difference Between a VA Pension and VA Compensation?

VA compensation and a VA pension are unique.

What is the law that allows VA benefits lawyers to get reimbursed?

The VA Benefits Lawyer who prevails for a Veteran before the CAVC typically get their fees reimbursed by the VA – if and only if they substantially prevail – under a law known as “EAJA ” – Equal Access to Justice Act.

What can a veteran's disability attorney do?

There are things a veterans disability attorney can do – like try to negotiate a Joint Remand – that will give the Veteran more opportunities to prevail before the VA with the benefit of their earlier effective date.

Do veterans get an attorney?

There is no absolute “yes” or “no” answer to this question. Most Veterans will benefit from having an attorney represent them at the Veterans Court – also referred to as the Court of Appeals for Veterans Claims or the CAVC. Let’s talk about 3 of those benefits.

Do you have to pay out of pocket for a VA lawyer?

1) Typically, there is no “up-front” cost to hire a VA Benefits Lawyer at the Veterans Court. The Veteran should never have to pay “out of pocket” for a VA Benefits Lawyer to represent them at the Court of Appeals for Veterans Claims.

Can a third party advocate for a veteran?

It may be a bit harsh, but to an extent, a third-party is almost always able to advocate better for the Veteran. By the time the Veteran has gotten to the Court of Appeals for Veterans Claims, he or she has probably spent 5-10 years fighting their way through the bureaucracy.

Can you be charged both VA and VA disability?

You can be charged BOTH – however, the veterans disability attorney has to reimburse the lower of the 2 fees to the Veteran under the EAJA offset rule (so long as the work performed at the CAVC and before the VARO/BVA are on the same claim).

What does VA look for when assessing a reasonable fee?

When assessing if a fee is reasonable, VA will look at some of the following: Extent and type of service. Complexity of the case.

What does it mean when a VA charge a percentage of benefits?

If a person is charging a percentage of benefits the claimant is going to receive over a certain period of time, they are charging fees unethically and illegally. They have minimal professional experience in VA disability law – Veterans disability law is complex.

What is an accredited representative?

Accredited representatives are recognized by VA as being legally authorized and capable of assisting claimants in the pursuit of benefits before the Department of Veterans Affairs. In order to become accredited, individuals must participate in the accreditation program.

Why do lawyers have to be accredited?

Lawyers or Agents must be accredited in order to represent claimants before the Department of Veterans Affairs. The accreditation process exists to ensure that veterans and their family members receive skilled and informed representation throughout the VA claims and appeals process.

What does it mean to be an accredited lawyer?

When a representative such as a lawyer is accredited, it means they are legally qualified to represent veterans, service members, dependents, and survivors before VA for a number of VA benefits, which can include disability compensation benefits or dependency and indemnity compensation . 23:59.

Why are veterans organizations beneficial?

Organizations like these can be very beneficial to veterans because of their experience and their services are free of charge. VA-accredited attorneys and claims agents typically represent claimants once VA has issued a rating decision on the veteran’s initial claim.

What percentage of VA benefits are considered reasonable?

Fees that exceed 33.3 percent are presumed to be unreasonable.

What to do if you disagree with VA decision?

If you disagree with VA’s decision, you can request to have a senior reviewer take a new look at your case. The reviewer will determine whether the decision can be changed based on a difference of opinion or an error.

How long do you have to request a higher level review?

You can request a Higher-Level Review of an initial claim or Supplemental Claim decision. You have one year from the date on your decision letter to request a Higher-Level Review. This option isn’t available after a previous Higher-Level Review or Board Appeal on the same claim. It’s also not available if you have a contested claim (this is rare).

How to get VA Form 20-0996?

Download VA Form 20-0996 (PDF) Bring your completed form to a regional benefit office near you . You can also ask a regional benefit office for a copy of this form to fill out. Or you can call the VA toll-free hotline at 800-827-1000, Monday through Friday, 8:00 a.m. to 9:00 p.m. ET, to request a form.

Do I have to do anything while waiting for VA exam?

You don’t need to do anything while you wait, unless VA sends you a letter asking for more information. If VA schedules exams for you, be sure not to miss them. If you’ve filed a request for a Higher-Level Review, we may randomly select you to receive an email with a short, optional survey.

Can you select multiple benefits?

The most common benefit type is compensation, but if you’re unsure, check your VA decision. You can’t select multiple benefit types. You have to complete a separate form for each type.

Can you submit evidence to a higher level review?

You can’t submit any evidence. You and/or your representative can speak with the reviewer on the phone. You can tell them why you think the decision should be changed and identify errors. If you want to speak with a reviewer on the phone, you'll need to choose that option when you apply for a Higher-Level Review.