what is a va-certified disability lawyer?

by Dr. Erna Brekke MD 7 min read

A VA disability expert is a lawyer who is accredited by the Veterans Administration, stays up to date on the changes in VA law, meets the basic continuing legal education requirements regarding VA disability, and is an authorized representative and advocate for you in your appeal.

Full Answer

Why hire a VA certified disability attorney?

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. Appeals to the U.S. Court of Appeals for Veterans Claims (CAVC)

What does it mean to be a VA certified attorney?

May 27, 2017 · A VA-certified disability attorney can help you decide what is the best of course of action for your claim. Get Your Appeal Started: Woods and Woods can help get your appeal started right away. Find out what options are available to you, your deadlines, and ask us to review your rating decisions.

How do I find a VA disability lawyer?

Jul 24, 2021 · A VA accredited attorney is an attorney who has been accredited by the VA to help Veterans in the VA claims process. Formally speaking, there is no such thing as a VA certified attorney, but it is used as a common synonym for VA accredited and many people will use the terms interchangeably.

Do you need a lawyer for a VA claim?

Apr 09, 2022 · There are many VA certified lawyers out there, so the question is how to choose the best VA disability lawyer to represent you and your unique claim. Second, applicable law prevents a lawyer from charging you for assistance in filing an initial application for VA disability benefits. The lawyer can only charge you for help…

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What does VA accredited mean?

Response: Accreditation means the authority granted by VA to representatives, agents, and attorneys to assist claimants in the preparation, presentation, and prosecution of claims for VA benefits. 38 C.F.R.

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

After you file your application for disability benefits from the United States Department of Veterans Affairs (VA), it's normal to want a decision as soon as possible. However, you will need to be patient. As of June 2021, the average time it takes for the VA to issue a decision on VA benefits is 134.4 days.

What conditions are considered for disability with the VA?

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.Scar tissue.Loss of range of motion (problems moving your body)Ulcers.More items...•Jan 13, 2022

How do I get the most out of my VA disability?

Tips on How to Obtain VA BenefitsUnderstand what's required for the claim. ... Don't claim un-winnable conditions. ... Be proactive. ... Use the correct forms. ... Get military records. ... Send in evidence with the claim. ... Show up to VA exams. ... Know what the VA exam is about.More items...

What is the VA 5 year rule?

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.Mar 19, 2020

Do you 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 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.Dec 13, 2018

Is VA disability for life?

If you have a severe medical condition from which VA believes you will never recover, it may designate you as permanently and totally disabled. With this designation, you'll receive VA disability benefits for life (absent a finding of fraud). VA reserves permanent and total disability for the most extreme situations.

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.

How successful are VA appeals?

In 2018, the percentage of appeals approved with an attorney was 44.61%, while only 27.22% of appeals were approved with no representative. In 2019, 46.31% of appeals were approved with an attorney, while only 26.18% were approved with no representative.

Does back pain qualify for VA disability?

Medical Diagnosis. Back pain is a broad term, and not all forms of it qualify for VA disability. In other words, back pain, even if it is constant and severe, does not mean you can receive benefits based on that alone. You need to have a medical diagnosis, and the VA requires that your diagnosis meets certain criteria.

How do you prove Back pain is service connected?

Documentation of an explosion, exposure to enemy fire, or even the date when you first complained of the pain to a medic or doctor can establish an event in service which may lead to qualifying for entitlement to service connection. Follow-up care in the VA after discharge can also help prove this connection.

When You Need An Attorney

You often do not need an attorney when you are first applying for VA benefits. You can rely on an agent of a veterans service organization to assis...

How to Find A Veterans Disability Attorney

There are many lawyers who specialize in disability law, but it is important to locate an attorney who has expertise in veterans disability law. Th...

How Much Will Do Veterans Disability Attorneys Cost?

How much a lawyer can charge for service depends on whether you need help appealing a denial or getting a discharge upgrade.

What About Pro Bono Attorneys?

The National Veterans Legal Services Program (NVLSP) provides free legal assistance to veterans appealing a denial of disability benefits to the U....

Why should I hire a VA certified disability attorney?

You Have Been Denied: We have filed thousands of VA benefits appeals. Every single one of our clients have one thing in common – they were all denied by the VA. A denial is not the end of your claim.

How a VA certified disability attorney can help

Gathering Evidence: When you get your VA certified disability attorney at Woods and Woods, we get all the VA disability benefits evidence necessary for your claim. The way to win your claim is by having strong evidence and presenting it to the VA in a clear and concise manner.

You only pay a VA certified disability attorney if they win

No Recovery, No Fee: You only pay your VA certified disability attorney at Woods & Woods if your claim is successful. If you do not obtain veterans disability benefits, you don’t owe your VA certified disability attorney a penny.

Get help filing an application from a VA certified disability attorney

Application Help is Free: If you are thinking about applying for VA benefits talk to Woods & Woods first – it won’t cost you anything. We can make sure you get the forms to apply and know where to send them. We’ll help you get the VA disability process started if you haven’t yet already.

Talk to a VA certified disability attorney about appealing

Learn Your Options: After you had your VA disability denied or received a low-rating, you may not be sure what your options are at this point. The Veterans Administration does not always do a good job of explaining what options are available to veterans for the appeal process.

A VA certified disability attorney can help with many different types of claims

Your VA certified disability attorney at Woods & Woods can help with many different types of claims. Sometimes disabled veterans call us and don’t even know what type of claim to file – that isn’t a problem. We can get you on the right track if you call us. Here are some of the most common types of VA disability claims veterans file:

Get an experienced VA accredited veterans benefits lawyer

Most veterans never thought they would have to hire a VA accredited veterans benefits lawyer to get their benefits. Unfortunately, the VA denies lots of claims. At Woods & Woods, we’ve made the process of getting a VA accredited veterans benefits lawyer easy.

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 ...

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.

What Does it Mean to be VA Accredited?

The Veterans Administration provided VA accreditation to attorneys who are trained to handle all aspects of Veterans benefits.

Why Do I Need an Attorney for my VA Appeal?

There are three main reasons why retaining a VA accredited lawyer can help you. First, at Affleck & Gordon, all consultations regarding your case are free.

Facts About VA Disability

If you receive a ratings decision from the VA, you have one year to file a notice of disagreement.

Hiring a VA-Certified Veterans Disability Lawyer in North Carolina

Veterans denied the benefits they earned and deserve to receive have the right to appeal the decision. Do not allow an overly complex and lengthy process to lead you to abandon your claim.

Common Reasons A Claim For VA Disability Benefits May Be Denied

Even though you thought your application for disability benefits was correctly submitted, it was denied by the VA. The fact is that something as minor as incorrectly filling out a form may cause the VA to deny the claim. Some of the common reasons for denials include the following:

Can A Disability Lawyer Help At The Application Stage?

There are Veteran Service Organizations (VSOs) accredited by the VA that do an excellent job of helping veterans file applications for disability benefits. If you want a disability lawyer in North Carolina to answer questions about the application process or about filing an appeal, someone from The Clauson Law Firm is available to speak with you.

How to Find the Right Veterans Disability Lawyer for Your Case

As a general piece of advice, you should only choose a VA-certified veterans disability lawyer who can provide you with top-level legal representation. At the same time, you should always consider the benefits of acquiring an attorney who will fully represent your interests.

When to Call Your VA-Certified Veterans Disability Lawyer

You can acquire a veterans disability lawyer at any point in the claims process, whether you’re organizing the documentation or appealing a denial. On average, about 70% of veterans disability claims are denied, and so it’s likely that you may need to appeal that denial with an experienced attorney at your side (not mandatory, but highly advised).

How Much Might a Veterans Disability Lawyer Cost

One of the first questions that we hear from potential clients is, “How much will a veterans disability lawyer cost me to represent my case.” Well, attorney William Herren works on a contingency basis, meaning that you won’t owe a thing unless we win your case.

Contact Herren Law in Houston TX

At Herren Law, our mission is to help you obtain your veterans disability benefits in a timely, stress-free manner. As such, when taking on your case, we’ll work closely with you, one-on-one, and carefully listen to your case, your service in the military, and the disability you obtained due to that service.

What is VA accredited attorney?

VA-accredited attorneys or representatives are individuals recognized by VA as legally authorized and capable of assisting claimants in pursuit of benefits before the Department of Veterans Affairs. The accreditation program exists to ensure that veterans and their family members receive adequate, informed representation throughout ...

What is an accredited representative?

Accredited representatives are trained to help claimants understand and pursue the VA benefits available to them. These individuals are legally authorized to represent veterans, servicemembers, dependents, and survivors before VA for a number of VA benefits, such as disability compensation and dependency and indemnity compensation.

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