how to finda lawyer for a va claim

by America Kessler III 8 min read

There is large number of lawyers who specialize in VA claims available if hiring one is affordable. To find a state bar visit the white pages of a local phone book or inquire with the state’s bar association for attorneys focusing on veterans legal issues.

Use the National Organization of Veterans Advocates website (NOVA). NOVA has an online directory of attorneys (and non-attorney agents) who have been accredited by the VA as well as many attorneys who are admitted to practice before the U.S. Court of Veterans Appeals.

Full Answer

How do I find a lawyer for a VA case?

Mar 08, 2022 · Go to eBenefits to find a local representative (including a recognized VSO, an attorney, or a claims agent) by state/territory, zip code, or the organization’s name. Go to eBenefits Or search the VA Office of the General Counsel’s list to find VA-recognized organizations and VA-accredited individuals by name, city, state, or zip code.

How do I find a VA claims agent?

Oct 22, 2018 · You can use the National Organization of Veterans Advocates (NOVA) website for help in finding a lawyer. NOVA has an online directory of …

Do I need a lawyer to file a VA claim?

To find a state bar visit the white pages of a local phone book or inquire with the state’s bar association for attorneys focusing on veterans legal issues. Another option if finding a lawyer is the route desired is to visit generalbar.com/State.aspx for a listing of all state bar associations.

How do I appoint an individual as a VA claim representative?

Feb 05, 2021 · You may appoint an attorney, claims agent, or a specific, individual VSO representative to represent you by completing VA Form 21-22a, Appointment of Individual as Claimant’s Representative. You should mail the completed form to: DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 4444 JANESVILLE, WI 53547-4444

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How do I fight a VA disability claim?

The VA is there to serve veterans, so instead of dwelling on the claim denial, it's time to take action.
  1. Option #1: File a Notice of Disagreement (NOD) ...
  2. Option #2: Request a senior rating specialist to review your case. ...
  3. Option #3: File a Supplemental Claim. ...
  4. Don't Forget: Make Copies of Everything. ...
  5. Prepare to Wait.

Who can help with my VA claim?

If you need help filing a claim or appeal, you may want to work with an accredited attorney, a claims agent, or a Veterans Service Officer (VSO). We trust these professionals because they're trained and certified in the VA claims and appeals processes and can help you with VA-related needs.Mar 8, 2022

What are the easiest things to claim for VA disability?

According to a recent Veterans Administration report to Congress, the ten most commonly 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)
  • Limitation of arm motion.
  • General scars.
•
Jan 18, 2022

How long does it take for the VA to settle a claim?

As of June 2021, the average time it takes for the VA to issue a decision on VA benefits is 134.4 days. If your application is denied and you want to complete the appeals process, it will take approximately 125 days for a Supplemental Claim or Higher-Level Review and more than one year for a Board Hearing.

What is the VA 5 year rule?

The five-year rule states that the VA can't reduce a veteran's disability that's been in place for five years, unless the condition improved overtime on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition.Apr 7, 2022

Is it hard to get VA disability?

As you might expect, it is difficult to obtain a 100% VA disability rating with just one service-connected disability. Most veterans who receive a 100% rating have two or more disabling conditions. Often, these conditions have a secondary service connection.

What is the VA 10 year rule?

The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.Dec 31, 2021

Do I get back pay for VA disability?

The VA calculates VA disability back pay based on your disability effective date, not on your application or approval date. You may also receive back pay if the VA approves your previously denied claim after a review or an appeal.

What type of back problems qualify for VA disability?

VA claims for a back condition

Common back conditions include spinal stenosis, a cervical strain, segmental instability, a vertebral fracture, or ankylosing spondylitis. Some of these disabilities are injuries, while others are degenerative conditions, but they can all receive a medical diagnosis from your doctor.

How far back does VA disability back pay go?

This is within the 1-year mark, so his date of eligibility for VA Disability Back Pay is his date of separation. It takes another 9 months before the VA's Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VA's rating decision.

How can I speed up my VA claim?

Veterans can file a Priority Processing Request using VA Form 20-10207 to ask VA to address their claim in a more expedient manner. In order to be eligible, veterans must submit documentation, if not already on file, indicating that they meet one of the following criteria: Experiencing extreme financial hardship.

What does it mean when the VA says we closed the notice for Request 2?

Your Supplemental Claim was closed

We closed your Supplemental Claim. This may be because you didn't take an action VA requested.
Mar 11, 2022

What does it take to be an accredited representative or a VSO?

Accredited representatives and VSOs need to: Pass an exam Pass a background check Take continuing-education courses to make sure they’re providing...

What does an accredited representative or a VSO do?

Accredited representatives and VSOs can help you understand and apply for VA benefits, like: Financial support (monthly payments) Education Veteran...

What does it cost to use an accredited representative or a VSO?

In general, no individual or organization may charge you a fee to help you file your initial application for benefits. But they may charge you for...

How do I find an accredited representative or a VSO?

You can find an accredited representative or a VSO in 1 of 2 ways: Go to eBenefits to find a local representative (including a recognized VSO, an a...

How do I set up an accredited representative or a VSO to work on my behalf?

You’ll need to either use eBenefits or fill out a form and mail it in. Choose one of these ways to get set up: Use eBenefits to let us know you’ll...

What Is An Accredited Representative?

An accredited representative is an individual who has undergone a formal application and training process and is recognized by VA as being capable...

What Is The Role of An Accredited Representative?

A VSO, along with state, county, and other local Veteran service representatives are trained to help you understand and apply for any VA benefits y...

How to Find A Representative

OnlineYou can find a local representative including a recognized VSO , attorney, or claims agent by state/territory, zip code, or by the organizati...

How to Appoint A VSO Or Representative

OnlineYou may appoint an attorney, claim agent, or VSO to represent you or manage your current representative online using eBenefits.By Mail You ma...

Why Do You Need a Lawyer for Veterans?

It is possible to apply for veterans’ benefits and handle a number of legal issues veterans face without an attorney. There are plenty of vets who apply for benefits and are approved without too many problems, but there are also plenty of horror stories about getting approved for benefits.

What You Should Ask a Lawyer

If you’ve decided to consult with a lawyer for veterans, there are a few things you should ask during the meeting. This will help you determine if a lawyer has the experience needed to help you with your case. You can do this regardless whether you are looking for someone to help you with a VA benefits denial or for any other reasons.

How Can You Find a Veterans Lawyer to Help You with a Disability Claim?

Like most fields of law, Veterans’ lawyers tend to specialize in certain aspects of the law, so it’s important to find out what an attorney can offer you in terms of their experience.

How to choose a VA lawyer?

Make sure you choose a lawyer who is VA accredited. 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

How much does a VA lawyer charge for an appeal?

How much a lawyer can charge for service varies, but attorneys are permitted by law to charge between 20% and 33% for handling an appeal. These fees will be paid to the attorney only if they win the appeal and you are awarded benefits or have your benefits increased. Typically these fees will be paid directly out of the any lump-sum payment you get from the VA.

How much is VA disability retroactive?

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. On Jan. 1, 2018, the VA granted you a 100% disability rating retroactive to the original date of filing (Jan. 1, 2016). The retroactive amount is the 100% monthly payment for the period between Jan. 1, 2016, and Jan. 1, 2018 (two years), which is approximately $80,000.

Do VA lawyers get paid?

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.

Do lawyers work for free?

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.

Is there legal assistance for veterans?

If you are hesitant about paying out a lot of cash for a lawyer, you should know that free , or pro-bono, legal assistance is widely available to help veterans.

Can a lawyer charge for disability?

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 ...

Why is it important to have a representative accredited with the VA General Counsel's Office?

Having a representative accredited with the VA General Counsel’s Office is important if the motion is made to utilize a VSO or state veterans’ office because these individuals have the training and credentials to deal with VA claims and appeals through the VA itself.

Is it good to hire a lawyer for a VA claim?

For guaranteed professionalism, hiring a lawyer could be beneficial— especially if a claim is denied and appealing is an option. There is large number of lawyers who specialize in VA claims available if hiring one is affordable.

Can a veteran be represented free of charge?

An alternative option for cheaper legal advice would be to contact the veterans’ service organization (VSO). Staff personnel can represent veterans free of charge but because the service is free the representatives are often times unavailable because many veterans take this route.

Who can help with VA claims?

Among other things, a VSO representativ e can help you gather any evidence needed and submit a Fully Developed Claim on your behalf. A VSO representativ e can also correspond with VA about your claim on your behalf. VSOs always provide their representation on VA claims free-of-charge.

What is the role of a VA attorney?

Typically, VA-accredited attorneys and claims agents perform most of their representation after VA has issued an initial decision on a claimant’s claim —this is when attorneys and claims agents are permitted to charge fees for their representation. At this stage of the adjudication process, an attorney or claims agent may be helpful to you in further developing the evidence in support of your claim and crafting persuasive and legal arguments on your behalf to submit to VA. In addition, an attorney or claims agent can assist you in navigating the VA appeals process.

What is a VSO attorney?

An attorney is someone who is a member in good standing of at least one State bar.

What is VA accredited?

Typically, VA-accredited attorneys and claims agents perform most of their representation after VA has issued an initial decision on a claimant’s claim—this is when attorneys and claims agents are permitted to charge fees for their representation.

How to find a VSO representative?

You can also find a representative of a recognized VSO, attorney, or claims agent by state/territory, by zip code, or by the VSO's name online using eBenefits.

What can a VA accredited representative do?

A VA-accredited representative can help you understand and apply for any VA benefits you may be entitled to including: compensation, education, Veteran readiness and employment, home loans, life insurance, pension, health care, and burial benefits. A VA-accredited representative may also help you request further review of, or appeal, an adverse VA decision regarding benefits.

What benefits can a VA representative help you with?

A VA-accredited representative can help you understand and apply for any VA benefits you may be entitled to including: compensation, education, Veteran readiness and employment, home loans, life insurance, pension, health care, and burial benefits.

What can a VA disability lawyer do?

In veteran’s disability claims, a VA disability lawyer can help clarify the issues and ensure that the claim is properly supported by evidence so that the claim can be appealed, if necessary. There are many VA disability lawyers so the question is how to select the proper one to represent you.

What is VA service connected disability?

VA service connected disability compensation benefits are monthly payments made to veterans, and, in some cases, their families. The veteran is entitled to compensation when he can show that this disability is related to an injury or event in service. The disability payments, known as the disability rating are based on the degree ...

What does it mean when a lawyer is accredited?

If the lawyer holds out being ‘accredited’ as the only experience that he has in VA law that is a red flag. If this is all the experience and training the lawyer has that means that the lawyer will be using your veterans claim case to get training on veterans law. His errors could undermine your case.

Can widows receive DIC benefits?

Widows and widowers of deceased veterans may also be entitled to payments based on a disability of their spouse. The VA law provides for a monthly payment, known as DIC benefits, where a service connected condition contributed to the death of the veteran or where the veteran was totally disabled because of a service connected condition for a certain period of time before the death.

Can you investigate the effective date of a VA disability claim?

Another common mistake is not to fully investigate the effective date. VA disability lawyers are going to look back at all your previous claims in the C file and determine if there is a way to take the benefits back further than the date of the current claim.

Does the VA allow non service connected pensions?

For servicemen who served in a period of war, the VA law allows non-service connected pension benefit, regardless of whether the disability was service connected. This veterans benefit is income and asset tested and only applies to those wartime veterans who do not have significant income and assets and are completely disabled.

Is there a time limit for veterans to file a claim?

As President Lincoln said the purpose of the Department of Veterans’ Affairs is “to care for him who shall have borne the battle and for his widow, and his orphan.”. There is no time limit on when a claim can be brought.

What is the American Bar Association's Veterans Directory?

Use the American Bar Association's veterans directory of programs to find other local programs providing legal assistance to veterans with disability benefits, discharge upgrades, and a variety of other legal problems.

How much do disability appeal attorneys charge?

Disability Benefits Appeals. Attorneys are permitted by law to charge between 20% and 33 ½% for handling an appeal , but cannot charge more than 33%. These fees will be paid to the attorney only if the veteran wins the appeal and the veteran is awarded benefits. Typically these fees will be paid directly out of the veteran's lump sum payment ...

How long do Nova lawyers have to be a member?

NOVA attorneys are required to participate in annual veterans benefits trainings and are not listed in the online directory until they have been a NOVA member for one year. Use Nolo's lawyer directory to view our list of disability lawyers.

Is Nova a VA accredited attorney?

NOVA has an online directory of attorneys (and non-attorney agents) who have been accredited by the VA as well as many attorneys who are admitted to practice before the U.S. Court of Veterans Appeals.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Do VA lawyers take disability cases?

Some of these lawyers are certified by the VA, though others only take Social Security disability cases. All of these lawyers will give you a free consultation, and if they don't take veterans' cases, they can refer you to a colleague who is VA certified.

Can an attorney charge for discharge upgrades?

Attorneys are permitted to set their own fees for discharge upgrades and to charge these fees up front, meaning before they begin work on the case. The amount that attorneys charge for upgrades varies; it will be necessary to contact attorneys to find out what they charge.

How to file a VA disability claim?

File your claim by mail using an Application for Disability Compensation and Related Compensation Benefits (VA Form 21-526EZ).

How to apply for VA disability?

How do I prepare before starting my application? 1 Find out if you’re eligible for VA disability compensation 2 Gather any evidence (supporting documents) you’ll submit yourself when you file your VA disability claim. 3 Be sure your claim is filled out completely and you have all the supporting documents ready to send in along with your claim. This will help us process your claim quickly.#N#Learn about fully developed claims 4 Find out if you’ll need to turn in any additional forms with your claim

Where to bring VA application?

Bring your application to a VA regional office near you.

Do you have to do anything while waiting for a test?

You don’t need to do anything while you’re waiting unless we send you a letter asking for more information. If we schedule exams for you, be sure not to miss them.

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