why do you need a lawyer to get va benefits

Consider hiring a lawyer as soon as you get an unfavorable decision from the VA. A lawyer will ensure that all of the right forms have been completed, deadlines have been met and the evidence provided is strong. Attorneys who are experienced in VA benefits cases know how to find supporting evidence when there appears to be none.

Full Answer

Why do I need a lawyer for my VA claim?

Our veterans disability benefits lawyers will make sure all your paperwork is accurate and complete before submitting anything to the VA. Medical evidence can make or break a claim. Don’t expect the VA to just approve your claim because you served our country honorably. They want evidence.

Why hire a VA certified disability attorney?

The VA is a huge bureaucracy, but having a VA certified disability attorney who knows how to navigate the system can help your claim. After you hire a VA certified disability attorney, you no longer have to talk to the VA about your claim. Instead, you will now call your law firm.

Is it worth it to hire a VA lawyer?

A VA Accredited/Certified Veterans Benefits Lawyer is worth it. Most veterans never thought they would have to hire a VA-certified veterans benefits lawyer to get their benefits. Unfortunately, the VA denies lots of claims.

Why should I hire a VA-certified attorney?

The VA is a huge bureaucracy, and it is normal to feel frustrated. Having a VA-certified disability attorney who knows how to navigate the system can make it less painful. 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.

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.

Why would a veteran be denied benefits?

Causes for ineligibility of benefits The veteran was dishonorably discharged. The injury occurred while the veteran was avoiding duty, such as while deserting or absent without leave (AWOL) The injury occurred while the veteran/service member was in prison or detained due to court martial or civil court felony.

Can you be denied VA benefits?

A denial can feel defeating, and a lot of veterans or their widows will give up after an appeal. Denials can happen for a lot of reasons, and error is one of the most common reasons for the denial. The VA is there to serve veterans, so instead of dwelling on the claim denial, it's time to take action.

How many VA claims are denied?

The lowest VA disability appeal success rate was among those veterans who chose not to have any representation: Only 26.2% allowed. 29.2% denied.

How hard is it to get VA benefits?

It's nearly impossible for you to win VA disability benefits unless you hire an experienced veterans disability lawyer. MISTAKE #3: Failing to submit detailed statements from your friends and family members. It is important to document your symptoms and how they have affected your life.

What is the easiest VA disability to claim?

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

Does the VA investigate disability claims?

After you are awarded disability compensation benefits, the VA will evaluate whether your disability is such that you ought to be scheduled for a future reexamination to determine if your benefits need to be adjusted. Types of disabilities subject to reexamination are those that can be expected to improve over time.

Can you make a VA claim without medical records?

If several attempts to find the missing medical evidence have failed, you can still win your VA disability case if you can find other evidence of the accident or treatment. The evidence in your file may show a sudden drop off in health or a leave from duty that can support your assertion that an event occurred.

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 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.

Do Veterans Represented by Counsel for Appeals Have a Higher Success Rate?

The appeal process to receive VA disability benefits can be complex and time-consuming. The process often involves substantial paperwork and procedural requirements, which is why a veteran may not be fully aware of all the legal nuances, rules, and procedures to successfully overturn a VA decision regarding their disability benefits.

What Does a VA Disability Appeal Lawyer Do?

VA disability appeal lawyers assist clients with the claim process after there has been a denial of a claim. When a veteran hires a VA disability attorney, they can expect their legal counsel to do the following:

The Benefits of Hiring a VA Disability Lawyer for Your Appeal

Hiring a VA disability lawyer may provide potential benefits to veterans seeking disability benefits after receiving a denial. The following are just a few advantages of being represented by a VA disability attorney:

How to Choose a VA Disability Lawyer?

When hiring a VA disability lawyer, a veteran needs to make sure that their prospective lawyer has the following three qualities:

VA Disability Lawyers at Centonzio Law, PLLC

At Centonzio Law, PLLC, we appreciate the tremendous sacrifices veterans have made for our country. In return for these sacrifices, our country offers countless benefits to veterans.

1. Determining Which VA Benefits Are Available to You

The VA offers several benefits programs to eligible military veterans and military families. Understanding which types of benefits are available to you isn’t easy, but it is extremely important.

2. Filing Your VA Benefits Application (s)

Once you identify the VA benefits for which you are eligible, you need to file an application. In your application, you must include all required information. You must also be very careful to avoid inadvertently submitting any information that might be characterized as false or misleading.

3. Dealing with VA Benefits Denials and Appeals

Speaking of denials, these do happen. In fact, they happen all the time. If you have not yet filed for benefits, hiring an experienced VA benefits attorney can help reduce your risk of facing a denial.

4. Helping You Avoid Early Termination of VA Benefits

Many U.S. military veterans have their VA disability benefits terminated prematurely. The VA can terminate these benefits for a variety of reasons, and it often does so unexpectedly.

5. Determining If You Qualify for Other Types of Benefits

If you are unable to work due to an injury or illness, if you are struggling to pay your bills, or if you are trying to buy your first home, filing for VA benefits might not be your only option. There are various other state and federal benefit programs that provide benefits to both veterans and non-veterans.

7. Providing Representation at No Out-of-Pocket Cost

Finally, a VA benefits attorney can provide representation at no upfront cost to you. The VA reimburses attorneys’ fees in certain cases.

What are the rights of a disabled veteran?

Learn Your Rights: As a veteran with disabilities, you have rights. These rights include compensation for your service-connected disabilities. The military promised to take care of you if injury from service occurred. Talk to a VA accredited veterans benefits lawyer about your rights as a disabled veteran.

Do you have to pay a penny if your claim is not successful?

Those fees are only paid if your claim is successful. Usually the reports needed by experts don’t cost that much and we always get the client’s permission before any case expenses are added to your case. If your claim is not successful, you do not have to repay a penny of your case expenses.

Can a veteran claim a tiny law?

There are many old cases that are relevant to veterans’ claims today. Citing a tiny law or legal case from 1987 could be a determining factor in your claim. This is where hiring a qualified VA certified disability attorney can make the difference in your claim.

Should veterans appeal a flat out denial?

Some veterans should focus on VA mistakes, some should appeal a flat-out denial, and others should try increasing their veterans disability benefits rating. A VA certified disability attorney can help you decide what is the best of course of action for your claim.

What can a veteran's disability attorney do?

There are things a veterans disability attorney can do – like try to negotiate a Joint Remand – that will give the Veteran more opportunities to prevail before the VA with the benefit of their earlier effective date.

What is the law that allows VA benefits lawyers to get reimbursed?

The VA Benefits Lawyer who prevails for a Veteran before the CAVC typically get their fees reimbursed by the VA – if and only if they substantially prevail – under a law known as “EAJA ” – Equal Access to Justice Act.

Do veterans get an attorney?

There is no absolute “yes” or “no” answer to this question. Most Veterans will benefit from having an attorney represent them at the Veterans Court – also referred to as the Court of Appeals for Veterans Claims or the CAVC. Let’s talk about 3 of those benefits.

Do you have to pay out of pocket for a VA lawyer?

1) Typically, there is no “up-front” cost to hire a VA Benefits Lawyer at the Veterans Court. The Veteran should never have to pay “out of pocket” for a VA Benefits Lawyer to represent them at the Court of Appeals for Veterans Claims.

Can a third party advocate for a veteran?

It may be a bit harsh, but to an extent, a third-party is almost always able to advocate better for the Veteran. By the time the Veteran has gotten to the Court of Appeals for Veterans Claims, he or she has probably spent 5-10 years fighting their way through the bureaucracy.

Can you be charged both VA and VA disability?

You can be charged BOTH – however, the veterans disability attorney has to reimburse the lower of the 2 fees to the Veteran under the EAJA offset rule (so long as the work performed at the CAVC and before the VARO/BVA are on the same claim).

How does a VA disability attorney work?

Attorneys work on your behalf to gather evidence needed to document your disability and how it affects your ability to work. They also make sure you get the highest possible rating for your disability and the earli est effective date.

Why are VA claims denied?

Having an attorney guide you through the VA’s complex bureaucracy can save you headaches. VA laws and regulations are intricate and subject to frequent change, and the intent behind those changes often lacks transparency. Claims can be denied for a number of reasons: 1 Lack of documentation that the injury occurred during active service 2 No diagnosis (particularly common with psychiatric conditions like PTSD) 3 Incorrect or incomplete data in original C&P exam report, resulting in delays and follow-up exams 4 Missed C&P exam 5 The VA rejects the opinion of VA doctor or your private doctor 6 Favorable evidence missing from claim

What to do if your disability is denied?

If your claim has been denied and you plan on appealing, you’ll want an attorney or agent to help navigate the complex appeals process. If you believe your disability rating is too low, or you have new evidence that you want to present to the Board of Veterans Affairs, an attorney or agent can help increase your rating.

Can an attorney rely on the VA?

Crucially, attorneys don’t rely on the VA alone to gather evidence used to support your claim, and will bring in outside opinions to corroborate your claim. Furthermore, attorneys know what to expect from the VA, and will develop your claim efficiently.

Do attorneys get paid?

Since attorneys only get paid when you get compensated, the goal is to reach the fastest decision at the lowest level of the appeals process, without leaving any compensation you’re owed on the table. Which brings us to the next point: attorneys maximize your claim.