Having a lawyer on your side during the appeals process can greatly improve your odds of getting your claim approved. A lawyer can remand your case to the VA level for additional evidence.
Knows the Law
Several veterans search VA disability lawyers near me on the internet. They need guidance with their claims and other concerns. As the saying says, a lawyer knows the law, understands what must be done, and can guide you through the process. They will know the forms you have to fill out and the deadlines you must meet, and they will be able to ensure that the VA has fulfilled its duty by providing all of the medical records (including private health insurance records) needed to win your claim.
They will also be able to explain your case to decision-makers at the VA, whether at the regional office or the Board of Veterans Affairs. NOVA members are trained to build a strong case that makes sense to anyone, including decision-makers who aren’t familiar with the nuances of disability claims law.
Has Accountability
The attorney you hire will have a contract with you that lays out the fees for their services. This is to prevent any surprises at the end of your case. Attorneys who charge a flat fee or a percentage of your past-due benefits should be upfront and transparent about these costs. They should also be honest if they can’t promise you that your claim will win.
Before 2007, it was illegal for veterans to hire attorneys to fight a monetary claim against the federal government. The law was changed in 2007 to allow veterans to have lawyers who could handle complex VA disability claims.
Many attorneys advertise their service to veterans but don’t have deep experience at the highest levels of the VA appeals process. Avoid an attorney who has not litigated at least 200 cases at the U.S. Court of Appeals for Veterans Claims. Some attorneys also have a preference for certain types of disability claims. These include PTSD, TBI, and military sexual trauma (MST) claims.
Has a Willingness to Educate
A VA disability attorney understands that your case is more than legal. A personal battle often results in major financial and quality-of-life consequences. This is why your lawyer must be willing to educate you about the legal process and your chances of winning an appeal.
A reputable VA disability attorney can provide detailed case histories of his previous clients’ cases. He should also be able to explain the laws and regulations that will apply to your case.
A qualified VA disability lawyer should not charge you for handling your appeal. If he does, this is likely a red flag. Attorneys typically only charge when they win your claim and take their fee out of any lump-sum payment you receive from the VA. You should also ask how much your attorney charges and how he gets paid. Most veterans work with attorneys who charge on a contingency basis for VA disability appeals.
Has a Reputation
When the VA hands down a low disability rating or makes mistakes in your case, it’s often not as clear as it should be why. A skilled attorney knows how to read the decision letter and pull out the favorable facts you can use for your appeal.
They also know how to review your evidence file, get outside opinions from doctors who understand the VA’s language and jargon, and ensure your doctor’s statements match the VA’s criteria for service connection. That way, you can avoid pitfalls like missing pieces of evidence and unnecessary wait times.
Additionally, they have a legal duty to help you win. And they are paid by the VA directly, so they don’t charge you out of your current benefits.
