what does a veterans affair lawyer do?

According to the U.S. Department of Veterans Affairs, VA-accredited lawyers can help prepare and present clams and represent appealed cases. This includes: Filing your initial application

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Do all lawyers represent veterans before the Department of Veterans Affairs?

Not all accredited agents and lawyers represent veterans before both the Department of Veterans Affairs and the Court of Appeals for Veterans Claims (CAVC). Experience before the CAVC allows an advocate to stay up to date on the court decisions that affect how the Board of Veterans’ Appeals and Regional Offices decide claims.

What does a Veterans Affairs medical malpractice lawyer do?

Generally, your Veterans Affairs medical malpractice lawyer will work closely with a doctor outside the VA to provide medical reports detailing how the VA’s negligence caused or made your injuries worse. About losing a family member to VA medical malpractice.

What does Veterans Affairs do for veterans?

Veterans Affairs handles a long list of tasks meant to make the lives of our veterans and their families easier. These include healthcare administration, benefits administration, cemetery administration, and a host of other services.

Should you hire a lawyer when dealing with the VA?

Should You Hire a Lawyer When Dealing With The VA? Of course that's a personal choice, but before you go and hire a lawyer to help with your VA claim, there are a few things to know.

What is a veterans wife entitled to?

As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training.

How many VA claims are denied?

Why are claims denied? The Veteran Affairs website reports that 75 percent of all initial applications for VA benefits are denied.

What can a VSO do for veterans?

VSOs can assist veterans and their families in many ways, including:answering questions, advising, and educating individuals and groups on what benefits are available from federal, state, county, and local resources.assisting persons in completing and filing benefit claims.representing individuals in VA hearings.

What are the most common VA disability claims?

List of the Top 10 Most Common VA Claims#1 Tinnitus.#2 Hearing Loss.#3 Post Traumatic Stress Disorder.#4 Scars, General.#5 Limitation of Flexion, Knee.#6 Lumbosacral or Cervical Strain.#7 Paralysis of the Sciatic Nerve.#8 Limitation of Range of Motion of the Ankle.More items...

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 is the easiest VA disability to claim?

TinnitusThe #1 Easiest VA Disability to Claim: Tinnitus Tinnitus can only have one VA rating. It is either 10% or nothing. There is no lower VA rating and there is no higher VA rating. Therefore, we call it a “low-value” claim, because it is always rated at 10%, and 10% only, with no exceptions.

Does a VSO cost money?

Using a VSO to help file your claim is free of charge (barring any unusual expenses). Though they would certainly appreciate it, you do not have to be a member of the organization to use their services and becoming a member is not an expectation.

Should I use a VSO for my VA claim?

In fact, we often recommend Veterans seek the assistance of a local VSO when filing their initial claim. A VSO may also provide counseling, medical referrals, education and training, and other programs, such as work focusing on homeless Veterans. VSOs offer some good services.

How do I get a 100% VA rating?

Qualifying for 100 Percent VA Disability Veterans who have a service-connected illness or injury must meet several requirements in order to receive VA benefits. The most basic prerequisites require that veterans have: Sustained their injury or illness during active duty, active duty training, or inactive duty training.

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 is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What diagnosis qualifies for VA disability?

You may be able to get VA disability benefits for conditions such as: Chronic (long-lasting) back pain resulting in a current diagnosed back disability. Breathing problems resulting from a current lung condition or lung disease. Severe hearing loss.

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.

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 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.

Is VA law complicated?

VA law is too complicated to practice on a part-time basis. Do not sign a contract before you speak with the lawyer. Your VA claim is important to you. It is personal. Hiring a VA claims lawyer is a big decision. Insist on speaking with the lawyer before signing the contract. You need to see what they can do to help you with your claim.

What is a BVA hearing?

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.

Where is Vetlaw located?

VetLaw is the law firm of choice for veterans in all 50 states. Our main office is located one block from VA’s Regional Office in Winston-Salem, North Carolina. The Winston-Salem office was founded for the sole purpose of representing veterans and their families struggling to obtain VA benefits. Our practice still follows the initial principles set forth by our Founding Attorney, Marine Corps veteran Brendan Garcia.

What is VA disability?

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.

Is VA disability cumulative?

Here is where you have to deal with the VA’s mystifying math. Multiple disabilities are NOT cumulative. They are factored into each other in numerical order from highest VA rating to the lowest, then multiplied against each other to determine your overall combined VA disability rate.

Does the VA pay for mental health?

VA Disability Benefits. The VA offers a tax-free monthly compensation (payment) to veterans with physical conditions (such as chronic illness or injury) and mental health conditions (such as PTSD) that occur before, during, or after service.

Why are veterans frustrated with the VA?

Many veterans get frustrated with the VA because of slow wait times and arbitrary standards when it comes to disability and healthcare benefits. But the VA administers a massive list of services aimed at improving the lives of veterans, and many current and former service members owe their quality of life to one VA service or another.

What is the VA service?

Other Veterans Affairs Services. The VA provides services to veterans beyond running hospitals and clinics and administering disability and healthcare benefits. If you are a current or former U.S. service member, you may be eligible for some or all of the following VA services: Education and training: If you are finishing your military service ...

What are the benefits of VA?

The VA provides services to veterans beyond running hospitals and clinics and administering disability and healthcare benefits. If you are a current or former U.S. service member, you may be eligible for some or all of the following VA services: 1 Education and training: If you are finishing your military service and looking to transition to a new career, the VA may be able to help. It provides education and training services to help you develop up-to-date skills so you will be in demand in the job market. 2 Life insurance: Since their jobs are considered high-risk, veterans often struggle to obtain life insurance on the private market to protect their families. The VA steps in and provides life insurance to veterans for free or at a reasonable cost. 3 Vocational rehabilitation: If a service-connected injury impacts your ability to do the same work you were doing before, the VA offers rehabilitation services to help you regain your work capacity. 4 Job placement: Once your time in the military comes to a close, the VA can help you transition into the civilian work world by assisting with job placement. It can tap you into a database of available jobs that match your education, skills, and background.

What are the services provided by the VA?

These include healthcare administration, benefits administration, cemetery administration, and a host of other services. Disability and healthcare are two of the biggest and most critical services provided by the VA. If you are a veteran who became injured or ill during your service, a lawyer from Disability Advantage Group can help you collect VA ...

How long do you have to serve in the military to qualify for VA benefits?

If you do not have a service-connected medical condition, you may be eligible for VA healthcare benefits if you served at least 24 consecutive months in active duty. The VA administers both disability and healthcare benefits ...

What is the VA?

The United States Department of Veterans Affairs (VA) is a Cabinet-level government agency that administers a number of services for our nation’s service members. It began in 1930 when President Franklin Roosevelt signed a bill creating the Veterans Administration, a federal agency. In 1988, it assumed its current form as a Cabinet department ...

How does the VA help you transition into civilian life?

Job placement: Once your time in the military comes to a close, the VA can help you transition into the civilian work world by assisting with job placement. It can tap you into a database of available jobs that match your education, skills, and background.

What to expect when hiring a VA malpractice lawyer?

If you hire a Veterans Affairs medical malpractice lawyer, it is likely that they will work with medical experts. These medical experts may review your medical documents and write reports detailing how the VA committed medical malpractice. Law is all about providing evidence.

What to do after VA commits malpractice?

What to do after the VA commits medical malpractice. Document your injuries: If you can, take pictures of the injuries you believe are from Veterans Affairs medical malpractice . Pictures of your injuries can be powerful and they can help prove your VA medical malpractice lawsuit. Get your medical records: You can request your medical records ...

What is the evidence requirement for VA 1151?

Evidence requirements for Section 1151 VA disability claims: As a result of VA hospitalization, medical or surgical treatment, examination, or training, the evidence must show you have: An additional disability or disabilities, OR. An aggravation of an existing injury or disease, AND. The disability was :

What is VA disability?

An aggravation of an existing injury or disease, AND. The disability was: The direct result of VA fault such as carelessness, negligence, lack of proper skill, or error in judgment, OR. Not a reasonably expected result or complication of the VA care or treatment OR.

Can a second opinion help with a VA claim?

Generally, your Veterans Affairs medical malpractice lawyer will work closely with a doctor outside the VA to provide medical reports detailing how the VA’s negligence caused or made your injuries worse .

Can a VA malpractice claim be filed against a veteran?

Unfortunately, the VA medical malpractice laws do not favor veterans enough. VA medical malpractice claims are generally only filed if there were significant injuries or serious negligence. For a Veterans Affairs medical malpractice lawyer to file a claim, there must actually be an injury that that happened through: Carelessness.

Can a VA medical malpractice lawsuit be filed?

To have a VA medical malpractice lawsuit, you must have injuries that are the result of negligence by a VA medical professional. Veterans Affairs medical malpractice lawsuits can’t be filed just ...

Who is the general counsel of the Veterans Administration?

General Counsel: Richard A. Sauber.

Who issues written legal opinions having precedential effect in adjudications and appeals involving veterans' benefits?

The General Counsel of the Department of Veterans Affairs issues written legal opinions having precedential effect in adjudications and appeals involving veterans' benefits under laws administered by VA.

What is the VA's job?

Through the Veterans Benefits Administration, VA helps servicemembers transition out of military service, and assists with education, home loans, life insurance and much more . National Cemeteries: The job of the National Cemetery Administration is to make sure those who served this nation are never forgotten.

What did Lincoln promise to the veterans?

To fulfill President Lincoln’s promise “To care for him who shall have borne the battle, and for his widow, and his orphan” by serving and honoring the men and women who are America’s veterans.

What is the highest standard for veterans?

To provide veterans the world-class benefits and services they have earned — and to do so by adhering to the highest standards of compassion, commitment, excellence, professionalism, integrity, accountability, and stewardship.

What can a VA lawyer do for a clam?

According to the U.S. Department of Veterans Affairs, VA-accredited lawyers can help prepare and present clams and represent appealed cases. This includes: Filing your initial application. Collecting convincing medical documents that help prove your claim. Handling your appeal, if the VA denies your claim.

What is VA accredited lawyer?

For many, a VA-accredited lawyer gives the best chances for approval and maximizes their benefit amount. This is especially true for complicated claims or are appealing the VA’s denial. If you’re thinking about getting a lawyer, it’s crucial to find one that’s VA-accredited. This accreditation means they have the VA’s approval to legally assist ...

Should I hire a veteran disability lawyer?

The Truth about Hiring a Veterans Disability Lawyer. A veterans disability lawyer may be able to get you more money than you could get on your own, and the cost is much more affordable than most veterans know.

Do you need a lawyer to get VA benefits?

The simple answer is no. It’s not a requirement to have a lawyer in order to receive benefits. Some applicants will successfully secure veterans benefits the first time without professional help. However, that’s not a typical outcome for most disabled vets.

How to choose a lawyer?

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.

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.

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 ...

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.

Can a VA lawyer rip you off?

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.

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.

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 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.

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.

What does "hinder" mean in VA?

Hinder the processing of a claim; Deceive, threaten, mislead, or coerce a claimant about benefits or rights; Act or encourage a claimant to act in a manner that is detrimental to the conduct of VA proceedings; Disclose any information provided by VA for representation purposes without the claimant’s permission; or.

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 percentage of VA benefits are considered reasonable?

Fees that exceed 33.3 percent are presumed to be unreasonable.