why would i need to get a lawyer to help with va claims

The level of personal attention a VA disability attorney or agent can devote to your claim might be reason alone to hire one. Experienced attorneys and VA-certified claims agents also help dig up evidence to support your claim, ensure you’re getting the highest possible disability rating, and support you through every step of the claims process.

Full Answer

Should I hire a lawyer to help with my VA claim?

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. First, the only reason to hire an attorney is if you believe that they can help you get a better result from the VA on a disability claim that has been denied, or not rated high enough for your liking. That’s it.

How can I get help with my VA claim?

Veterans have many options when it comes to getting help with their VA claims. You can do it yourself online or work with an accredited VSO for initial claims or a Claims Agent or Attorney for previously denied claims. The VA.gov website makes it super easy to prepare and file your own VA claim online in just a few minutes.

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.

Did you know there are VA-accredited attorneys who will help you for free?

If you’ve already tried to get VA disability benefits on your own or with an accredited VSO, but got denied, that’s where accredited Claims Agents or Attorneys can be helpful. Did you know there are VA-Accredited Attorneys who will help you for FREE? Yep, it’s true.

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.

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 can cause you to lose VA benefits?

We discuss a few common reasons why veterans may not be receiving all of their VA disability compensation, or why they are suddenly not receiving any.Severance of Disability. ... VA Overpayments. ... Recouping Severance or Separation Pay. ... Run-Ins with the Law.

Why do most VA claims get denied?

Your Disability Rating Does Not Qualify You for Benefits Providing more evidence of your disability and including other relevant information–such as notes from your doctor, buddy statements, medical bills, and extensive medical records–can lead the VA to increase your rating.

What are the chances of winning a VA appeal?

The Board of Veterans' Appeals Annual Report for Fiscal Year (FY) 2018 indicated that the VA disability appeals success rate for veterans was 35.75 percent. Specifically, out of 85,288 decisions issued, 30,492 were allowed, or granted.

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.

How long does VA compensation last?

If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life.

Does VA disability last for life?

Most veterans of the United States Armed Forces who have a disability connected to their service are eligible for veterans disability benefits. Generally speaking, as a veteran, you can receive disability benefits for the rest of your life, as long as you remain disabled.

What is the easiest VA disability to claim?

TinnitusLimitation of Motion of the Arm – 661,045 Of these, Tinnitus is by far the easiest VA disability claim to get approved, with a total of 2,327,387 veterans service connected for the condition.

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...•

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.

What does it take to be an accredited representative or a VSO?

Accredited representatives and VSOs need to: Pass an exam Pass a background check Take continuing-education courses to make sure they’re providing...

What does an accredited representative or a VSO do?

Accredited representatives and VSOs can help you understand and apply for VA benefits, like: Financial support (monthly payments) Education Veteran...

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...

How do I find an accredited representative or a VSO?

You can find an accredited representative or a VSO in 1 of 2 ways: Go to eBenefits to find a local representative (including a recognized VSO, an a...

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. Choose one of these ways to get set up: Use eBenefits to let us know you’ll...

Who can help with VA appeals?

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. VSOs work on behalf of Veterans and service members—as well as their dependents and survivors. Find out more about accredited representatives and how they can help you.

How many days do you have to file a pre discharge claim?

Pre-discharge claim. If you have 90 to 180 days left on active duty, find out how to file a disability claim through the Benefits Delivery at Discharge (BDD) program to get your benefits sooner.

What is the law office of the VA?

Our law office is dedicated specifically to veterans and is staffed by disabled veterans and military family members. We know what it’s like to be denied and have to appeal our claims before the VA. That’s why we’re passionate about helping our nation’s heroes get the compensation they deserve for serving our great country.

How much can a lawyer charge for back pay?

By law, a lawyer can charge between 20% and 33% of the back pay you are awarded. What that means is, if you appeal an original ruling by the VA and are successful, the VA will give you a lump sum of money equal to the back pay that you are owed from the time of the original ruling to the time benefits are granted. But there’s great news for veterans: the Equal Access to Justice Act (EAJA) requires the VA itself to pay your attorney 20% of your back pay.

Do I need a lawyer for my VA disability?

If you are already fully versed in legal affairs, as I was when I appealed my own disability award, you may not need help from a lawyer. However, even for me, the process was long, grueling, and stressful. The good news is that retaining an experienced VA lawyer not only saves you that stress, but also improves your chance of success.

How to win a VA disability claim?

The way to win your claim is by collecting strong evidence and presenting it to the VA in a clear and concise manner. This is why experience plays a big part in claims. Your VA-certified disability attorney knows exactly what evidence you need.

What to do if VA denies disability?

Learn Your Options: After the VA denies you disability or gave you a low rating, you may not be sure about your options. 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 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 lawyers work with veterans?

A large majority of our clients first used free veterans service organizations (VSOs). Our lawyers regularly work with veterans after they have worked with a veterans organization.

Does Woods and Woods represent disabled veterans?

When you call Woods and Woods, you get an experienced, knowledgeable, and tough VA-certified disability attorney. Woods and Woods has fought the VA for thousands of veterans. It’s what we do every day.

Does Woods and Woods file appeals?

If you hire Woods and Woods, we file everything for your appeal. Woods and Woods has developed innovative case management strategies to correctly and efficiently file clients’ appeals. We have a department of case analysts who are dedicated to writing briefs and preparing documents, and our Board of Veterans Appeals (BVA) attorneys have filed thousands upon thousands of appeals for veterans.

Is a VA lawyer worth it?

A VA Accredited/Certified Veterans Benefits Lawyer is worth it.

How much does a VA claim agent charge?

However, most VA Claims Agents and Attorneys work for a fee, which typically ranges from 20% to 33.3% of any retroactive back pay received as a result of a successful appeal of a previously denied claim.

How many steps are there in VA disability claims?

His frustration with the 8-step VA disability claims process led him to create “VA Claims Insider,” which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim.

What is the benefit of working with a VSO?

The major benefit of working with a VSO, even if you file the claim yourself, is that he/she will have access to the Veteran Benefits Management System (VBMS). VBMS access is especially useful for veterans because your VSO can download copies of your C&P exam results in real-time, including contracted C&P examination results.

How many times has the VA Disability eBook been downloaded?

His eBook, the “9 Secrets Strategies for Winning Your VA Disability Claim” has been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans.

What is a co-located VA?

A co-located VSO has the inside scoop on all things VA benefits at the regional office in your state and can quickly intervene if there are issues with your VA claim.

Can a veteran represent themselves before the VA?

Veterans always have the option to represent themselves before the VA for their VA disability compensation claim .

Can I represent myself before the VA?

So, you can choose to represent yourself before the VA and “Do It Yourself” online (which I recommend), and I’ll show you how in this article.

What can a VA lawyer do?

A VA Benefits lawyer can help a Veteran stay focused on the issues and relief the Veteran seeks – and deserves.

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 VA disability attorneys live and die?

VA Disability Attorneys are used to this – we live and die by deadlines and calendars.

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.