The first thing you need to know is that you probably won't find a lawyer who is local to you. Veterans law attorneys work at the federal level so as long as they are certified by VA to represent veterans, you can choose any lawyer. You may never meet your lawyer face to face. They will do all the work for you by mail, email and on the phone.
The decision to hire a VA claims lawyer to represent you for your VA disability compensation claim is an extremely important one. If you are going to pay a VA disability lawyer then that lawyer must be able to do more for your claim than the free representation that you can get from a veteran service officer.
Also, stay in close touch with your comrades. When filing a claim, you may need one or more of them to file a “buddy letter” as a witness to the event or events that caused your disabling medical condition. Denied VA Benefits?
The Veterans Law Group (VLG) is a law firm which has successfully represented disabled veterans and their dependents for more than sixteen years. Mark Lippman is a well-established and trusted practitioner of veterans law, having represented thousands of claimants with physical and psychological disabilities.
Most lawyers won't work for free. Any lawyer who says they will help you file a claim and then charge you for it is breaking the law. If you do need help filing your claim, for whatever reason, you should contact a veterans service organization for free help.
To file an appeal with the VA Regional Office that denied you benefits, you will need to submit a Notice of Disagreement (NOD). The VA doesn't have an NOD form, so you can use Statement in Support of Claim form. You can find this form at www.va.gov/vaforms/.
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.
When the Department of Veterans Affairs (VA) denies your disability benefits or assigns you a lower disability rating than you believe you have, you may choose to appeal the disability rating. The right to appeal is preserved through the filing of a Notice of Disagreement (NOD).
You can file a claim with the VA for disability compensation (commonly referred to as a Section 1151 claim), and/or you can seek money damages under the Federal Torts Claims Act (FTCA).
Unless you are filing a fully developed claim, or your appeal is so simple that the Board of Veterans' Appeals (BVA) can issue an award within 30 days, your initial claim can take anywhere from 9-15 months to process. The VA appeals process timeline for an informal claim is typically within 9-12 months.
You have at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilities—with at least 1 rated at 40% or more disabling and a combined rating of 70% or more—and.
VA Disability 20-Year Rule: Continuous Ratings Service-connected conditions rated at or above a certain disability rating for 20 years or more are considered continuous. According to the VA 20-year rule, VA cannot reduce a continuous rating below its original disability rating unless the rating was based on fraud.
You may be able to win an appeal if you can show that the VA made a mistake on your claim; for instance, the VA evaluated your disability under the wrong code in the Schedule of Rating Disabilities, which gave you a lower rating. Sometimes veterans are denied benefits because of procedural mistakes made by the VA.
Some of VA's errors occur more frequently than others, including those related to (1) total disability based on individual unemployability (TDIU); (2) orthopedic claims; (3) Compensation and Pension examinations; (4) effective dates; and (5) psychiatric conditions.
A Federal Tort claim is a lawsuit against the VA and applies to any situation in which a VA employee, acting on behalf of the VA, is negligent and causes injury.
A 1151 claim refers to a means of receiving VA disability compensation as outlined in 38 USC § 1151. The statute allows for veterans to receive compensation available to those who suffered “an added disability”.
If you think you've experienced discrimination at VA or in a VA-funded program, you can file a complaint with our external complaints program.
The rating is an estimated percentage of the severity of a disability. The higher the rating, the more benefits that a vet might be able to receive. An attorney could assist a veteran is obtaining an accurate rating for their disability claim.
This could involve a medical professional determining that the disability resulted from the claimant’s active military service.
Denials can occur for a number of reasons, including technical errors, lack of medical records, or no clear nexus linking the disability to service.
The second element requires the claimant to show that some form of injury, event, or illness occurred during their active military service. This could include anything from a combat injury to a training accident while on base. It is not enough to show that some sort of injury or event occurred.
The first step is establishing that the veteran has a current, diagnosed disability. Disabilities incurred in service that have since healed with no residual symptoms will not qualify. This diagnosis must come from a doctor or other qualified healthcare professional.
Veterans’ Disability Claims Lawyer. Many veterans complete their military service only to find that they now have mental and physical disabilities due to their service. Recognizing the need to provide for these veterans, the federal government enacted a system of disability benefit payments. These benefits, overseen by the Department ...
As a wounded warrior, you’re entitled to compensation for your service-connected disabilities. Working with a trusted veterans disability lawyer is your best chance for getting more benefits from the earliest effective date possible. Have you been denied compensation by the VA for your claim? We can help you fight back.
We represent cases at all levels – Regional Offices, Board of Veteran’s Appeals, Court of Appeals for Veterans Claims, Federal Circuit, and even the Supreme Court.
Get the most up-to-date information about filing & arguing cases to get the most benefits for your veterans.
The Veterans Law Group (VLG) is a law firm which has successfully represented disabled veterans and their dependents for more than sixteen years. Mark Lippman is a well-established and trusted practitioner of veterans law, having represented thousands of claimants with physical and psychological disabilities. With his experienced staff, Mr.
Veteran Disability Claims Lawyer. For a veteran to recover disability benefits from the VA, their claim must show that they meet the three prongs required to obtain VA disability benefits. First, the veteran must meet VA’s definition of a veteran for purposes of disability compensation.
Veterans who suffer from an illness or injury related to their active duty military service are entitled to receive VA disability compensation . Do not let anyone tell you that you do not deserve the benefits that you earned while serving our country. Unfortunately, VA denies many veterans who are entitled to receive compensation; however, VetLaw’s experienced team can help you cut through the red tape and overcome VA’s unnecessary and overly burdensome requirements.
Many veterans may be vague or list incomplete information when filing their claim, which only makes it easier for VA to simply dismiss and reject your claim. When filing your VA application, list complete names, and body parts for each disability that you are seeking entitlement for.
A BVA hearing is a request to present your disability claims case before a Veterans Law Judge. With this process, you can request a video conference hearing where you can present testimony about your disability claim to a judge. This hearing will be translated and becomes a part of your appeal file.
(This is called a Preservice Disability Claim.) You have a disability related to your active-duty service that didn’t appear until after you ended your service. (This is called a Post-Service Disability Claim.)
To be eligible for VA disability compensation, you must have a current diagnosed physical or mental condition that meets the following requirements: You served on active duty, active duty for training, or inactive duty training— AND. You have a disability rating for your service-connected condition.
VA disability compensation may include financial payments and/or other benefits, such as health care and job training. Once you receive a decision notice with a disability rating (more about this later), you will be able to receive your compensation and/or other benefits.
You can file a Supplemental Claim at any time, however, it is best if you can file within one year from the date of your decision letter in order to preserve the earliest possible effective date. Once your Supplemental Claim is submitted, your new evidence will be reviewed and a new decision will be rendered.
According to recent VA data, it takes between 92.9 and 100.8 days to review and make a decision on a disability claim.
After your hearing, you will enter into a 90-day period for submitting your new and relevant evidence to the judge. If you do not have any new evidence to submit, this 90-day period can be waived.
The veteran or family member must receive a denial of VA benefits or a low-rating. When this happens remain calm, many veterans are denied benefits or rated too low. If you were denied or rated too low, it is now time to contact a lawyer.
If you are denied VA disability benefits, make sure you pay close attention to all the Veterans Administrations deadlines and complete all the paperwork. There are thousands of federal regulations that govern VA disability law and many veterans get confused.
Too many veterans lose their own cases because they make a small mistake. If you blow-past certain deadlines, your current claim is dead in the water and you’re going to have to apply again. The only way to speed up the VA benefits appeals process is to submit everything correctly and timely.
Our VA benefits appeal lawyers will gather all your medical evidence needed to prove mental and physical impairments. Our VA benefits appeals lawyers often work with doctors, psychologists, and vocational experts to help provide evidence to prove your disabilities are service-connected.
The Veterans Administration will send the Statement of the Case (SOC) to the veteran or their lawyer. This often takes a while; sometimes around 200 days. The SOC should be reviewed carefully for any mistakes.
Veterans and their family members must file the NOD within one year from the date the decision was made .
Some law firms only handle AMA claims, but Woods & Woods will still accept legacy claims. Below is a simplified VA benefits appeal legacy process overview. We warn you: each stage of a VA benefits appeal has many steps. There are often lots of forms, paperwork, and various deadlines. Too many veterans lose their own cases because they make a small mistake. If you blow-past certain deadlines, your current claim is dead in the water and you’re going to have to apply again. The only way to speed up the VA benefits appeals process is to submit everything correctly and timely.
The GI Hotline is a network of twenty veterans service groups that provides legal assistance with discharge upgrades (as well as other legal issues for veterans and active service members). Call them at (877) 447-4487. Law School Clinics .
Call the SWAN legal resource at 202-798-5570.
When choosing a lawyer you should talk to at least 2 or 3 before you sign any contract. Choose someone who is prompt to respond to your questions and eager to discuss your case. If you are shuffled from one paralegal to the next and you aren't able to speak with the lawyer, move on to someone else.
First, that means they know what they are doing. Secondly, if the lawyer is VA accredited they most likely won't rip you off. Any lawyer who does business nationwide by representing veterans versus the VA isn't about to lose their accreditation by trying to rip off one veteran.
Secondly, current law prevents a lawyer from charging you for any assistance in filing an initial claim for VA disability benefits. The lawyer can only charge you for help when you challenge a VA decision on your disability claim. So, most likely, a reputable lawyer won't even touch your case until you have filed for disability compensation ...
The lawyer only gets paid if they win your case. But, be sure to read your contract with the lawyer before signing it so you understand all the details. A lawyer on the up-and-up is no problem, others can rip you off. Make sure you choose a lawyer who is VA accredited. First, that means they know what they are doing.
Most lawyers won't work for free. Any lawyer who says they will help you file a claim and then charge you for it is breaking the law. If you do need help filing your claim, for whatever reason, you should contact a veterans service organization for free help.
Make sure to submit any additional evidence well before a BVA hearing so the judge has plenty of time to review it. Write down any questions you have for the judge before your pre-hearing conference. Dress comfortably and professionally on the day of your hearing. First impressions go a long way.
Your C&P exam is all about establishing your VA disability ratings, not treatment. Don’t be frustrated if they don’t tell you what to do about your health when you leave your C&P exam. That’s not the purpose. You want to be honest and get the highest ratings your can for your disabilities.
Show up early on the day of your hearing, no matter what method you’re using. Cases are heard on a first-come, first-serve basis. Prepare a statement about your case to deliver during your hearing. This should clearly demonstrate both your disability and your eligibility for VA compensation.
If you’ve lost your job because of your disability, talk about how your income has changed and any financial hardships you face. Tell the complete story of how your disability came to be, including every detail of the incident.
Any Veteran that has started to write a VA Form 21 4138 to apply for VA disability could use some tips and tricks. Veterans’ disability compensation covers everything from physical conditions like diabetes and traumatic brain injury to post-traumatic stress disorder and depression. But applying for this money can be confusing, to say the least.
Call your Woods and Woods case manager at (866)232-5777 and go over it all with your team.
The appeal process is different than the application process. VA appeals also have different rules, due dates, and criteria. Make sure you keep track of the important dates as you appeal their decision.
Somatic symptom disorder. Military sexual trauma. Disabling mental health conditions are generally regarded as “high-value” claims. This is because mental health issues are much more likely than neurological, skin, auditory, or most musculoskeletal conditions to receive a disability rating of 30% or higher.
Tinnitus is better known as a “ringing in the ear” syndrome. Many veterans are familiar with it from firing weapons without hearing protection or being near explosions: It’s routine to experience a high-pitched ringing in the ear for a few seconds after being exposed to very loud noises.
A presumptive disorder is one that the VA presumes to be service-connected, even if there’s no specific evidence or chain of causation that they normally require to form a nexus with military service.
According to a recent Veterans Administration report to Congress, the ten most common newly-awarded medical conditions that are getting approved for benefits are as follows: Tinnitus. Limitation of flexion (knee) Hearing loss. Lumbosacral or cervical strain (back and neck strains)
Musculoskeletal conditions. These include strains, sprains, arthritis, reduced flexion, and reduced functionality in arms, legs, back, and neck. Most former infantry will not be surprised to learn that knee and ankle injuries were among the most commonly-approved claims.
As of 2021, if a disabled veteran with a spouse and no children has a 100% VA disability rating, he or she would be entitled to a monthly disability compensation payment of $ 3,321.85.
To win your VA disability compensation claim, you must demonstrate three things: medical evidence of recurring or persistent symptoms. If you don’t score on each of these criteria, you won’t get approved for VA disability benefits.