what lawyer can help with va benefits

by Martin Turner V 5 min read

The Veterans Consortium Pro Bono Program provides free representation to veterans who are appealing any case that was rejected by the Board of Veterans Appeals. This includes decisions denying disability benefits. Request help using their contact form or call them at (888) 838-7727 or (202) 628-8164.

What are the benefits of being an attorney?

This law was changed in 2006 with the recognition by Congress that veterans should have the right to hire VA claim lawyers in this very important area of law. 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.

Does the Veterans Administration offer legal assistance?

May 27, 2017 · Get Legal Advice: If you have questions about VA disability benefits claims, give us a call. The advice is always free. We founded this law firm to help injured and disabled people. Our entire mission is to get you the benefits you deserve. Talk to …

What are the benefits of being a veteran?

Law partner Felicia Pasculli, Esq., was inspired to become a lawyer after the experience she had overcoming a vast bureaucratic system for the care of her own parents and extended family. Issues involving veterans benefits are our passion. We understand how overwhelming dealing with the Department of Veterans Affairs (VA) can be for a client.

What is a VA disability attorney?

Mar 08, 2022 · Get help filing your claim or appeal. 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.

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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 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.

How do I get total and permanent disability from the VA?

You can't file a VA benefits claim for a permanent and total disability rating, but you can submit a letter to your VA regional office requesting they find you permanent and total.Dec 19, 2021

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 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.

How long before VA disability becomes permanent?

Your condition has “persisted without material improvement for a period of five years or more” (i.e., stabilized rating); The “disability from disease is permanent in character and of such nature that there is no likelihood of improvement;”

How often does the VA reevaluate disability?

Between two and five yearsVA usually reevaluates veterans' service-connected disabilities on two occasions: Six months after leaving military service; and. Between two and five years from the date of the decision to grant VA disability benefits.Sep 30, 2019

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

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.

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 are the benefits of VA?

Many types of benefits are available through the VA. As experienced veterans benefits lawyers, we use our knowledge of the law to effectively resolve issues such as: 1 Assisted living and home care 2 Nursing home care 3 VA pensions (aid and attendance) 4 VA compensation

Who is Felicia Pasculli?

At law firm, these issues go beyond the quality legal services we provide — they are personal. Law partner Felicia Pasculli, Esq., was inspired to become a lawyer after the experience she had overcoming a vast bureaucratic system for the care of her own parents and extended family.

You can still file a claim and apply for benefits during the coronavirus pandemic

Get the latest information about in-person services, claim exams, extensions, paperwork, decision reviews and appeals, and how best to contact us during this time.#N#Go to our coronavirus FAQs

What does an accredited representative or a VSO do?

Accredited representatives and VSOs can help you understand and apply for VA benefits, like:

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 unusual expenses. It’s only after we’ve made a decision about your original claim that VA-accredited claims agents and attorneys may charge for their services.

How do I find an accredited representative or a VSO?

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.#N#Go to eBenefits

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.

How much do VA attorneys charge for 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 from the VA.

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.

What is the Nvlsp?

National Advocacy Organizations. The National Veterans Legal Services Program (NVLSP) provides free legal assistance to veterans appealing a denial of disability benefits to the U.S. Court of Appeals for Veterans Claims. Call NVLSP at (202) 265-8305 or email them at info@nvlsp.org.

What is Outserve SLDN?

Outserve SLDN helps with discharge upgrades and military records corrections for gay, lesbian, and transgender veterans impacted by bans on serving openly in the military. They provide other legal assistance as well, to both active service members and veterans.

Does law school offer free legal assistance?

Law School Clinics. Some law schools offer veterans free legal assistance from law students who are supervised by attorneys and/or paralegals. Check if a law school in your area has a free legal clinic for veterans.

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 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.

What is the SWAN number?

Call the SWAN legal resource at 202-798-5570.

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.

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