can a civilian attorney help when applying for va disability

by Prof. Grayson Bode 5 min read

Secondly, current law prevents a lawyer from charging you for any assistance in filing an initial claim for VA disability benefits. The lawyer can only charge you for help when you challenge a VA decision on your disability claim.Oct 22, 2018

Can a veteran service officer help you file a VA disability claim?

Apr 20, 2021 · VA claim exam (C&P exam) Get help filing a claim. In this section. Get help filing your claim or appeal. 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 …

Do I need a lawyer for a VA disability appeal?

Nov 02, 2008 · Hello, thank you in advance for any answers you can provide. I was wondering when it is it a good idea to hire a civilian attorney to help with the ME. Hello, thank you in advance for any answers you can provide. ... VA Disability Claims (General) > civilian attorney. Share. Share with: Link: Copy link. ... You've got to find the regulations ...

Can a veteran pursue VA disability benefits following a discharge?

Apr 05, 2018 · Far from unable to make their own decisions about their legal rights, veterans opting for power of attorney are confident in their decision to seek help filing a VA disability claim. Since VA Form 21-22 grants a person the power to act as a representative of a veteran when pursuing a claim, the entire claims process becomes simpler and easier ...

How can a VA lawyer help my claim?

Apr 06, 2020 · In order to receive benefits under these conditions, veterans must file a claim for disability compensation and submit evidence to VA. The evidence should show that your condition is at least 10 percent disabling and it appeared within one year after being discharged from service. Veterans may consider submitting doctors’ reports or treatment ...

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Who can help me get my VA benefits?

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.Apr 20, 2021

What percentage of VA disability claims are denied?

The VA denies around 30% of disability claims each year. It can be frustrating to learn that your claim for VA compensation was denied. You may feel like you did everything they asked of you and provided all the evidence necessary to get the disability compensation you deserve.Nov 23, 2020

What automatically qualifies you for VA disability?

To be eligible for VA disability compensation, you must have a current physical or mental condition and you must meet the following requirements: Served on active duty, active duty for training, or inactive duty training; and. Have a disability rating for your service-connected condition; and.Dec 22, 2019

What is the easiest VA disability to claim?

TinnitusThe #1 Easiest VA Disability to Claim: Tinnitus According to the 2018-2019 disability claims data, Tinnitus was the number one most common VA disability claims for all Veterans with 157,152 compensation recipients. 93.6% of Veterans were rated at 10%. Tinnitus can only have one VA rating. It is either 10% or nothing.

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.

Is it hard to get VA disability?

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.

Can VA denied a claim without a C&P exam?

C&P exams are, technically, not required in every case. ... However, once VA requests that a veteran undergo a C&P exam, they should be certain to attend. If a veteran fails to attend an exam once it has been scheduled or fails to follow up on the scheduling of the exam, their claim could be denied outright.Oct 2, 2021

What is the VA 5 year rule?

5 Year Rule The five-year rule states that the VA can't reduce a veteran's disability that's been in place for five years, unless the condition improved overtime on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition.Mar 19, 2020

How long does the VA disability process take?

VA disability claims typically are fully processed within three to four months. Once you get your results back, you will have a rating that indicates how much you will receive per month in benefits.Dec 1, 2021

Will I lose my VA disability if I get a job?

If you are working and receive service-connected compensation, you will not be penalized by the VA. Working veterans will only run into problems with the VA if they are receiving TDIU and their work is considered to be substantially gainful.Feb 27, 2018

What is the VA 10 year rule?

The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.Dec 31, 2021

Do you get back pay for VA disability?

The VA calculates VA disability back pay based on your disability effective date, not on your application or approval date. You may also receive back pay if the VA approves your previously denied claim after a review or an appeal.

What is the VA rating for anxiety?

For most anxiety and depression disorders, VA offers ratings of 0, 10, 30, 50, 70, and 100%.

How do I fight VA disability rating?

You have a limited amount of time to file your VA Disability rating appeal. You have one year to file your VA Disability rating appeal from the date on your VA Rating Decision letter. If you have waited longer than a year to file your VA Disability rating appeal, you can submit a new application and start a new claim.Dec 4, 2017

Why do VA claims get denied?

VA often denies claims for disability benefits because there is not enough evidence in the veteran's file to issue a favorable decision. ... If you undergo an exam and feel it is inadequate, or that it does not accurately describe your disability, raise that to VA.Apr 20, 2020

What to do when the VA denies your claim?

An initial claim denial is common, and you have a right to appeal the decision. Your appeal, if it's a strong one, can reverse the initial decision if you file your Notice of Disagreement (NOD), Higher-Level Review (HLR), or a Supplemental Claim to “appeal” the decision before the deadline.

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...

You can still file a claim and apply for benefits during the coronavirus pandemic

Get the latest information about in-person services, claim exams, extensions, paperwork, decision reviews and appeals, and how best to contact us during this time.#N#Go to our coronavirus FAQs

What does an accredited representative or a VSO do?

Accredited representatives and VSOs can help you understand and apply for VA benefits, like:

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 unusual expenses. It’s only after we’ve made a decision about your original claim that VA-accredited claims agents and attorneys may charge for their services.

How do I find an accredited representative or a VSO?

Go to eBenefits to find a local representative (including a recognized VSO, an attorney, or a claims agent) by state/territory, zip code, or the organization’s name.#N#Go to eBenefits

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.

What is a prestabilization rating?

Prestabilization ratings apply to veterans who were discharged from service with an unstable medical condition. These rating are designed to compensate newly separated service members for any impact their disability could have on their ability to work in the year following their military discharge. Prestabilization ratings are either 50 percent or 100 percent depending on the severity of the disability. The rating will continue for one year after military discharge, at which point veterans can be scheduled for a VA examination to determine a new rating for their disability based on the severity at that time.

How long does it take to file a VA disability claim?

A joint VA-Department of Defense (DoD) program gives service members the opportunity to file VA disability claims from 180 to 90 days prior to their separation or retirement from active duty.

Can veterans get disability benefits?

Certain groups of veterans may be able to get VA disability benefits on a presumptive basis if they have an illness that is at least 10 percent disabling that appears within one year after discharge. To be qualified on this basis, veterans must meet both of the requirements listed below:

How long does it take for Hansen's disease to appear?

Hansen’s disease (a long-lasting infection that affects your skin, nerves, and mucous membranes) if it appears within three years after service discharge. Tuberculosis (an infection that attacks your lungs and sometimes other areas of your body) if it appears within three years after service discharge.

How long does it take for ALS to appear?

Multiple sclerosis (a long-lasting illness that can cause numbness, weakness, and many other symptoms) if it appears within seven years after service discharge. Amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease (a long-lasting illness that affects muscle control), if it appears any time after discharge.

What happens if you lose your VA disability claim?

These are for things like doctors reports, expert testimony, or vocational experts. If you lose your VA Disability Benefits claim, you don’t have to pay case expenses.

Does Woods and Woods charge for disability?

Woods & Woods never charges a fee unless we win your veterans disability benefits claim. If you lose your claim, you don’t owe us anything. There is never a charge for the application process.

Does Woods and Woods charge for phone calls?

We never ask for money upfront. Woods & Woods will never charge for a phone call. We never bill by the hour. That’s why you have nothing to lose by calling 1-866-232-5777 to ask questions or get started with your VA disability claim or appeal.

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