how to get a good lawyer for a va claim

To have a claims agent or attorney help you, fill out an Appointment of Individual as Claimant’s Representative (VA Form 21-22a). If you’re filling out one of the forms, you’ll need to mail it to your nearest VA regional office. Please speak to the service organization or representative before you send your request.

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.

How do I find a lawyer for a VA case?

You can use the National Organization of Veterans Advocates (NOVA) website for help in finding a lawyer. 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.

What do I need to know before hiring a VA lawyer?

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.

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.

How do I fight a VA disability claim?

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/.

What percentage of VA appeals are successful?

Historically, the VA disability appeal success rate for veterans has been considered relatively low. According to the Board of Veterans Appeals (BVA) Annual Report for Fiscal Year 2021 recorded a 32% acceptance rate for legacy decisions and 38.1% for AMA decisions.

How much evidence is needed for VA claim?

Typically, in order to prove service connection, a veteran will need to show three things: That they have a current, diagnosed disability; That they experienced an in-service event, injury, or symptom; and. A medical nexus linking their current diagnosis to the in-service incident.

Do most VA claims get denied?

The VA denies around 30% of disability claims each year. It can be frustrating to learn that your claim for VA compensation was denied. You may feel like you did everything they asked of you and provided all the evidence necessary to get the disability compensation you deserve.

How long are VA appeals taking in 2021?

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.

Is it worth appealing a VA disability claim?

While it may be tempting to give up, it is always worth it to file an appeal in your benefits case. After all, you are granted up to one year from the date your regional office (RO) sends you its decision to file for an appeal, so there is no harm in asking the VA to take a second look at your claim.

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 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.More items...•

What are the most common VA disability claims?

According to VA's 2020 Annual Benefits Report, the following are the top 20 VA disability claims.Tinnitus VA Claims. ... Hearing Loss VA Claims. ... Limitation of Flexion of the Knee VA Disability Claims. ... Post-Traumatic Stress Disorder (PTSD) VA Claims. ... Lumbosacral and Cervical Strain VA Claims. ... VA Disability Claims for Scars.More items...•

How hard is it to get a 100 VA disability rating?

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.

How long does a VA claim usually take?

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 disqualifies you from VA benefits?

If you're a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don't qualify for VA health care.

What do I do if my VA claim is denied?

You have the right to appeal. The appeals process is a review process that allows you to choose from three decision review options: Supplemental Cl...

Why are VA claims denied?

The top three reasons for a VA disability claim denial: No medical diagnosis of a disability No clear “nexus” to prove a service connection No evid...

What percentage of VA disability claims are denied?

Today, 31% of disability claims are denied—and 60% of those denials are in error.

Does the VA try to deny claims?

The VA has no mandate to deny claims. However, they will deny your request if it is not filed using the correct form.

How long does a VA appeal take?

The average wait time for a VA decision is around 107 days. The VA’s goal is to issue all decisions within 125 days.

How long does it take for a BVA decision?

The estimated time it takes to decide appeals to the BVA is 365 days. However, if a hearing is requested, it will take more than 365 days.

What Is the Board of Veterans’ Appeals (BVA)?

The BVA is the appellate body of the VA and has the ability to overrule decisions made by a regional VA office.

Can you receive VA disability benefits for life?

Yes. VA benefits are granted to veterans as long as they remain disabled at the same level of impairment and even until their death.