Should You Hire a VA Disability Lawyer?

VA disability compensation pay is a monthly benefit payment that assists injured veterans with cost-of-living expenses.

If a veteran sustained an injury during their service or developed a chronic condition due to their service, they may be eligible to receive VA benefits. However, since the application process can be challenging, you may want to seek the help of a VA disability lawyer.

7 Ways a VA Disability Lawyer Can Help

  1. Help with the application
  2. Case review
  3. Collect evidence
  4. Gather supporting documents
  5. File benefit appeals
  6. Schedule medical appointments
  7. Court representation

Determining the amount of VA benefits veterans may receive is based on their disability rating. Disability ratings range from 10% to 100%, reflecting the severity of the disability. If a veteran has multiple disabilities, the VA will use a combined ratings table. VA benefits may increase for veterans with severe disabilities, dependents, or disabled spouses.

To ensure that inflation does not outpace VA benefits, the VA makes a cost of living adjustment (COLA) each year. Benefits range from $133 to $3,400 per month depending on the rating and other factors. If you want to maximize your benefit payment, consider working with a VA disability attorney.

How Much Does a Veterans Disability Attorney Get Paid?

The cost of a disability attorney varies depending on the services they provide. For a disability benefits appeal, they may charge between 20% and 33.5% of your past due benefits. If you need a discharge upgrade, the VA attorney is allowed to set their own schedule of fees. If an attorney is helping you through the application process from the beginning, they can also charge their own fees.

Pro bono VA lawyers, such as the National Veterans Legal Services Program (NVLSP) and the Veterans Consortium Pro Bono Program, can assist veterans with navigating the VA benefits process. GI Hotline and Outserve SLDN specialize in discharge upgrades, and Swords to Plowshares in San Francisco is another local organization that can help. Additionally, some law schools offer free assistance from law students supervised by a lawyer or paralegal.

7 Ways a VA Disability Attorney Can Help

1. Help with the application

Hiring a VA lawyer may not seem necessary if you only need to change your disability rating, file a discharge upgrade, or appeal a denied benefit. However, an experienced VA disability lawyer can also help you avoid these issues altogether by assisting you with the initial application. They can review your application to ensure that it is complete, and help you determine whether you are eligible for Social Security Disability Insurance (SSDI) benefits, which can be received concurrently with VA benefits.

2. Case review

A VA disability lawyer can conduct a case review to determine whether you have a valid case and whether you have sufficient evidence to support your claim. If you are already receiving benefits, they can also ensure that your disability rating accurately reflects your condition and determine whether you are entitled to back pay.

The VA typically takes around 135 days to make a decision on a compensation claim, and an additional 125 days for appeals. This means that it could take up to a year to receive benefits. By hiring a VA disability lawyer from the outset, you can streamline the process and increase your chances of success.

3. Collect evidence

To support a VA disability claim, you will need to provide medical evidence of your current physical or mental disability. This might include a letter from your doctor or specialist, as well as proof that the disability was incurred during service. Connecting the two may require additional medical evidence, which a VA lawyer can help you obtain. Separation documents, such as your DD124, and medical records from your time on active duty will also be necessary to support your claim.

4. Gather supporting documents

Having the right documentation to support your claim is crucial when seeking VA benefits. A VA lawyer can assist you in obtaining the necessary evidence, such as doctors’ letters, prescriptions, and hospital bills, to build a complete and convincing case for your condition. Additional documentation may be required for certain types of service connections, such as those related to Agent Orange, the Gulf War, or Camp Lejeune. A VA disability lawyer will also be aware of updates to the law, such as the PACT Act, which may expand the number of presumptive conditions eligible for benefits.

5. File benefit appeals

If your VA benefits claim is denied, the appeals process can be overwhelming and confusing. A VA lawyer can help you navigate this process and file an appeal in a timely manner that addresses the specific cause of the denial. With the help of an experienced attorney, you can avoid the stress and frustration of appealing a VA benefits claim on your own.

6. Schedule medical examinations

If your claim is denied and you need to file an appeal, the VA may require an independent medical examination (IME) to be conducted by a medical professional with no affiliation to the VA. A VA lawyer can assist you in finding a qualified medical professional who is familiar with VA protocols and can use the right form to submit medical evidence (usually VA Form 21-2680). Relying on your own doctor or specialist may slow down the appeal process if they are not familiar with VA requirements.

7. Court representation

If your case needs to be presented before the Board of Veterans Appeals, a VA lawyer can represent you and present your evidence to appeal a denied claim. Their legal knowledge and persuasive language can help build a convincing argument for your case, increasing your chances of receiving a disability rating for VA benefits. If your service connection relates to malpractice injury at a VA hospital, you can also pursue damages through the Federal Tort Claims Act. In this case, a VA lawyer will be equipped to navigate court procedures and present the strongest possible argument in your favor.

When To Hire a VA Disability Attorney

Hiring a disability lawyer can be very helpful, not just for appeals, but also for the application process itself. In fact, it is recommended that you hire one before you apply for benefits. This way, a disability lawyer can help you navigate the application process and avoid potential problems. This is especially important because the application process can be long, and receiving back pay or even moving forward with an appeal can be difficult if you don’t like the results. Hiring a lawyer upfront can help ensure that your application is done correctly, so you may not even need to file an appeal.

You can search for VA lawyers in your local area who offer free consultations. They will be able to assess your case and discuss their fees and the scope of their services with you. Many lawyers have already helped numerous veterans with applying for benefits and some may even be veterans themselves.

By finding an experienced and dedicated attorney, you can receive legal assistance and advice that will treat your application process with the dignity, care, and attention it deserves.