The Veterans Administration is for veterans following their transition from the military. But their processes are complex, difficult, and lead some veterans to quit entirely. Even if you do everything correctly, you may still be denied benefits or receive a lower rating, leaving many to wonder, “Is it worth getting an attorney for VA disability?”
A veteran’s disability attorney is not a requirement for filing an initial claim, but it helps considerably. Otherwise, you’ll be working through the system by trial and error, which can mean years until you finally receive even a small amount.
Yes, it is worth getting an attorney for VA Disability.
You can prepare and file your claim yourself, or work with a VA-accredited representative, including a Veterans Service Officer (VSO) such as the Disabled American Veterans (DAV), a claims agent, or a veterans disability attorney. They must be VA-accredited to legally assist you with a claim, but they cannot guarantee acceptance.
Although a VSO can offer free help, a VA disability attorney’s services go beyond what a VSO can offer. This help includes representation throughout the entire process, including any hearings and appeals. The attorney has legal training specific to the VA’s laws, policies, and procedures, and has the knowledge to handle even the most complex claims and appeals.
What a VA Disability Attorney Can Do
Veterans who have been unsuccessful in getting their claims accepted can become frustrated, especially after repeated attempts for approval. Instead of abandoning your original claim, get help with your VA disability claim, including:
- Gathering, organizing, and managing evidence, including medical records
- Ensure accurate and timely processing
- Advocate for you and communicate with the VA as needed.
- Request an independent medical examination to ensure that the VA receives necessary information for processing your claim.
- Navigate the claims and appeals processes on your behalf.
While VSOs and claims agents can offer some assistance, a veteran’s disability attorney understands disability law, including the VA’s exacting requirements. The VA is well-known for being notoriously meticulous and declining applications for a wide variety of reasons. A veteran’s disability attorney can ensure that your application is accurate and has the needed information the VA requires.
An attorney can’t accelerate the VA’s well-known slow claims process. But they can help avoid unnecessary delays from errors, omissions, and other problems with your claim. Your attorney can submit an initial completed and well-supported claim, increase your chances of approval, oversee your case, and converse with the VA to avoid holdups.
Should You Appeal A Denial?
After a denial, you may be wondering if it’s worth your time to appeal. The answer here is also yes, and having a VA disability appeal lawyer is even more important. If it’s your first appeal or a subsequent appeal, you have the potential for back pay, especially if you’ve been trying to get VA disability benefits for many years.
If you receive a denial for your claim, begin working with a VA disability appeal lawyer immediately. You’ll have one year from the date of the letter to appeal. If you miss that deadline, you’ve lost your right to appeal as well as benefits.
Affording Legal Representation
Cost concern is one of the biggest obstacles to hiring a veteran’s disability lawyer. Here’s what you need to know:
- The first consultation is always free because, by law, we cannot charge for help when filing an initial application. We discuss your case with you and explain how we can help.
- We handle cases on a contingency fee basis: you do not owe us a fee until you receive benefits. Our fee generally comes from your lump-sum back pay and is between 20% to 33% of that amount, capped by federal law. You keep between 66.6% and 80% of your backpay.
- Note that un-accredited agents may try to charge more than those amounts, which is another reason to make sure you work with accredited agents. You can check someone’s accreditation on the VA’s website.
- Successfully representing appeals of denied VA disability benefits can mean an increase in rating, monthly benefits, and more back pay.
Each case is different, but claims represented by an attorney frequently lead to better outcomes, including higher disability ratings.
Let Herren Law Help With Your VA Disability Claim
Seeking veterans’ disability benefits is a difficult process that requires patience as well as understanding of the law. William Herren is a disability attorney who has helped over 4,000 Houstonians get the benefits they deserve, including veterans. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You don’t owe a fee until we win your case.
