how to choose an attorney that only handles disability benefits for veterans

Hire a lawyer who limits all or most of his law practice to veterans disability cases. Don’t hire a lawyer until he walks you through his agreement and explains every detail. You should not be expected to sift through pages of legalese by yourself. Nor should the lawyer have his secretary explain it to you.

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Should I hire a lawyer for my veterans disability case?

Obtaining veterans’ disability benefits can be a nightmarish process. Choosing an attorney rather than a service organization can make the process easier. COVID-19 Update: How We Are Handling the Closures of Local Offices Learn More. Omaha 402-933-5405. Lincoln 402-261-4005.

How do I find a VA disability lawyer?

How Much Will Do Veterans Disability Attorneys Cost? How much a lawyer can charge for service depends on whether you need help appealing a denial or getting a discharge upgrade. Disability Benefits Appeals. Attorneys are permitted by law to charge between 20% and 33 ½% for handling an appeal, but cannot charge more than 33%. These fees will be ...

Is it unethical for a lawyer to represent a veteran?

May 07, 2021 · In addition, we handle all types of Veterans Disability claims that go before the Board of Veterans Appeals and the U.S. Court of Veterans Appeals. 6 VA Accredited Attorneys. Avard Law Offices, P.A. handles Veterans disability compensation and pension claims; aid and attendance claims to assist Vets and their families obtain nursing home and assisted living …

Do I need an attorney for VA benefits?

Sep 25, 2019 · The VA does not make benefit recovery easy. Our VA disability lawyers have extensive experience fighting VA for veterans. Because we handle many other types of disability claims, we also have the unique experience that many attorneys or non-attorney representatives do not have. We are also able to handle other types of claims for you. This makes our firm the …

What happens to my VA disability when I turn 65?

Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.Dec 13, 2018

Can I get Social Security if I'm 100 percent disabled veteran?

A Veterans Affairs compensation rating of 100% P&T doesn't guarantee that you'll receive Social Security disability benefits. To receive disability benefits from Social Security, a person must have a severe impairment expected to last at least one year or to result in death.

What is the VA disability 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

Can you sue the VA for benefits?

If you or a loved one has suffered from the negligence of the VA, you can file a claim under the Federal Tort Claims Act (FTCA) to receive compensation for pain and suffering and economic loss.

Is VA disability for life?

VA disability is usually not for life. ... With this designation, you'll receive VA disability benefits for life (absent a finding of fraud). VA reserves permanent and total disability for the most extreme situations. Most VA disability recipients can expect periodic reexaminations.

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.Oct 27, 2021

How long before VA disability becomes permanent?

Your condition has “persisted without material improvement for a period of five years or more” (i.e., stabilized rating); The “disability from disease is permanent in character and of such nature that there is no likelihood of improvement;”

What is the 55 year rule for VA disability?

What is the VA 55 year old rule? Veterans are protected from rating reductions if they are over the age of 55. Here's an example of how a veteran is “protected” from a VA reevaluation for PTSD: Scenario: A Veteran born on March 7, 1963, claims a VA PTSD increase from 50 to 70, which is currently rated at 50%.Jul 13, 2021

How often does the VA reevaluate disability ratings?

between two to five yearsYour re-examination will typically be scheduled for some time between two to five years from the date that you are initially awarded disability benefits. The VA can also call for a re-examination anytime evidence surfaces that a veteran's disability may have improved.Jul 23, 2021

Can you sue the VA for discrimination?

If you think you've experienced discrimination at VA or in a VA-funded program, you can file a complaint with our external complaints program.Dec 15, 2021

Can you sue the military for emotional distress?

Claims for either negligent or intentional infliction of emotional distress are excluded when they arise out of assault, battery, false arrest, false imprisonment, malicious prosecution, abuse of process, libel, or slander, as defined in § 536.45(h).

Can veterans sue the VA?

Suing the VA means you are suing the federal government. To sue the Veterans Affairs for medical malpractice a tort claim against the United States must be presented within two years of the injury caused by doctors at the VA. ... After the denial of the claim a complaint may be filed in federal court.

Can the VA take away disability benefits?

The U.S. Department of Veterans Affairs (VA) can take away your disability rating if it determines you received your rating fraudulently, or if it determines it made a “clear and unmistakable error” when issuing your rating.

How long do veterans disability benefits 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. The only exception is if VA later determines you obtained your benefits via fraud.

How Much Do veterans get for SSDI?

The estimated average SSDI benefit in 2022 is $1,358 a month. VA disability compensation is determined by the rating the agency assigns to your condition. In 2022 payments for a veteran with no spouse or children can range from $152.64 per month for a 10 percent disability to $3,332.06 for a 100 percent disability.Dec 2, 2021

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

What disqualifies you from VA benefits?

If you're a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don't qualify for VA health care.Jan 18, 2022

What happens to my VA disability when I turn 65?

Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.Dec 13, 2018

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.Oct 27, 2021

How do I know if my VA disability is permanent?

The Department of Veterans Affairs considers a disability to be permanent when the medical evidence shows that it is reasonably certain the severity of the veteran's condition will continue for the rest of the veteran's life. In determining this, the VA is allowed to take into account the veteran's age.Dec 19, 2021

Does VA disability count as income?

VA Disability Benefits Disability benefits you receive from the Department of Veterans Affairs (VA) aren't taxable. You don't need to include them as income on your tax return. Tax-free disability benefits include: disability compensation and pension payments for disabilities paid either to veterans or their families.

What does 100% VA disability entitle you to?

Monthly Compensation Veterans with a 100 percent disability rating receive the maximum monthly, tax-free compensation available. Depending on the circumstances, a Veteran with a 100 percent disability rating receives monthly compensation of $3,106.04.

Can you work with permanent and total VA disability?

Veterans rated with a 100% Permanent and Total VA disability rating do not face any restrictions on work activity, unless the veteran was awarded this rating through Total Disability based on Individual Unemployability (TDIU). 100% schedular permanent and total ratings are protected from being reduced.Sep 13, 2019

When You Need An Attorney

You often do not need an attorney when you are first applying for VA benefits. You can rely on an agent of a veterans service organization to assis...

How to Find A Veterans Disability Attorney

There are many lawyers who specialize in disability law, but it is important to locate an attorney who has expertise in veterans disability law. Th...

How Much Will Do Veterans Disability Attorneys Cost?

How much a lawyer can charge for service depends on whether you need help appealing a denial or getting a discharge upgrade.

What About Pro Bono Attorneys?

The National Veterans Legal Services Program (NVLSP) provides free legal assistance to veterans appealing a denial of disability benefits to the U....

Who handles VA disability claims?

Avard Law Offices, P.A. handles Veterans disability compensation and pension claims; aid and attendance claims to assist Vets and their families obtain nursing home and assisted living benefits; long-term care planning for Vets, claims caused by VA health care negligence at a VA hospital facility.

What is Avard Law Offices?

Avard Law Offices handles medical malpractice claims where the malpractice has occurred within a Veterans Hospital or Clinic. These claims include such things as traumatic brain injuries, surgical mishaps, failure to biopsy, and a variety of other types of negligence. In addition, we handle all types of Veterans Disability claims that go before the Board of Veterans Appeals and the U.S. Court of Veterans Appeals.

Who is Carol Avard?

Carol Avard, Esq. is a member of NOVA (National Organization of Veterans’ Advocates) Carol Avard, Esq., Mark Zakhvatayev, Esq., Douglas Mohney, Esq. are all approved to take cases before the Court of Veterans’ Appeals. It’s no secret that the Veterans Administration has had problems for years.

What are the different types of appeals for VA disability?

For claims decided after February 19, 2019, there are three different types of appeals that may be filed – Higher Level Review, Supplemental Claim, or Notice of Disagreement to the Board of Veterans Appeals. Deciding which one is best for you should be done in consultation with an experienced VA disability attorney.

What are the benefits of VA disability?

VA disability compensation provides monthly benefits to veterans who suffered disability during military service. There are numerous types of VA disability compensation, including: 1 Disability compensation. This is a monthly benefit to veterans based on their disability and rating. 2 Dependency and Indemnity Compensation (DIC). This is a benefit paid to surviving spouses, children or parents of service members who died during active duty or who died from their service-related disabilities. It is often called “widow’s benefits,” but is not just for widows and widowers. 3 Special Monthly Compensation (SMC). This is a benefit paid to veterans who fall within certain categories. It is a money benefit paid over and above Disability Compensation. One common type of SMC is paid if a veteran needs to hire an aid or caregiver to help with their specific injury or disability. 4 Claims based on special circumstances. Some disabled veterans are eligible for additional benefits, such as clothing allowance, automobile allowance and dental.

What is VA disability compensation?

VA disability compensation provides monthly benefits to veterans who suffered disability during military service. There are numerous types of VA disability compensation, including: Disability compensation. This is a monthly benefit to veterans based on their disability and rating. Dependency and Indemnity Compensation (DIC).

What is Dependency and Indemnity Compensation?

This is a benefit paid to surviving spouses, children or parents of service members who died during active duty or who died from their service-related disabilities. It is often called “widow’s benefits,” but is not just for widows and widowers.

How long does it take to appeal a VA denial?

Unfortunately, the appeals process can be lengthy. It can take from many months, and sometimes even years, for VA to decide an appeal. There are different forms that must be filed depending on the date on your denial.

How long does it take to get a VA retro pay?

The VA process is long, and it can take months or years to have your application granted.

How many parts do you need to pass to qualify for service connected compensation?

Generally, a veteran has to pass a three-part test to qualify for service-connected compensation: There must be a current medical condition (what VA calls “a disability”) diagnosed by a medical professional;

Why hire a veteran lawyer?

The right reason to hire me or any veteran’s lawyer is that you believe we can help you get a better decision from the VA on your claim that has either been (1) denied or (2) underrated. And just as any person would in any legal matter, you look beyond the attorney’s VA accreditation.

What is the duty of a VA contingency attorney?

An attorney’s duty to their client is absolute and allowing the VA-regulated contingency fee puts the attorney’s interest and the client’s interest in sync with each other. That is price performance. If you’re going to pay a Veterans claims attorney then that attorney must be able to bring additional value to your case.

What is a VSO representative?

VSO representatives are salaried employees who may work full or part time. Some Veterans Service Organizations are recognized by the VA for the purpose of preparation, presentation, and prosecution of claims under laws administered by the VA; yet, some are NOT recognized by the VA for these purposes.

What is TDIU award?

An award of TDIU often comes down to the sufficiency (or insufficiency) of the evidence you give to the VA. Then you have multi-issue claims, PTSD, TBI, military sexual trauma—these and other claims require skilled and experienced attention and resources that are frankly beyond the scope of VSOs.

How long does it take for a vet to hire an attorney?

What it really means is that the attorney agrees to work for free unless and until the case can be won. Often this can take many months or even years. In short, every vet with a meritorious claim can afford to hire a qualified attorney.

Can a veteran use a VSO for free?

Veterans have always had the ability to use a VSO for free. And yes, to the veteran it’s as though the VSO works for free. But a bargain does not mean it’s a good buy. You get what you pay for. Many VSO’s do admirable work, but many do not. VSO representatives are salaried employees who may work full or part time.

Can veterans hire lawyers?

Veterans could now hire qualified attorneys to represent them, and earlier in the process. In short, veterans had access to lawyers who really knew how to help them even in the most complex cases. This has dramatically increased the success rate of how many veterans are able to win their claims.

How to hire a veteran disability lawyer?

Don’t hire a lawyer until you speak with him personally over the telephone at least two times. First, you should read over the materials from the lawyer. Second, you should read my article about mistakes to avoid when hiring a veterans disability lawyer. Third, you should call the lawyer and discuss your case with him.

Why do lawyers agree to represent you?

A lawyer may agree to represent you because he wants to help you. He is expecting to find a winning argument, but sometimes things don’t’ turn out as expected. Any lawyer who promises an outcome is making a promise he cannot keep.

What happens if you don't trust your lawyer?

Because if you don’t trust your lawyer, both you and your lawyer will not work together effectively. Don’t hire a lawyer unless he has experience working with veterans disability cases. Make sure you read case histories describing in detail other veterans’ disability cases the lawyer has handled. Make sure the lawyer answers all of your questions.

What happens if your case is denied?

And since your case has been denied, your lawyer will need to get your case remanded and then develop new evidence to prove your case. You already know your case won’t be easy to win because it has already been denied.

Can a lawyer run a commercial?

Any lawyer can print a color brochure or run a flashy TV commercial. But flashy advertising does not mean the lawyer is qualified to represent you. Historically, the biggest advertisers in the legal profession were personal injury or negligence lawyers.

Can a lawyer print a brochure?

The more information the lawyer provides, the more knowledge and experience he can share with you–even if you don’t hire him. Don’t choose a lawyer based solely on clever, eye-catching advertisements. Any lawyer can print a color brochure or run a flashy TV commercial.

What is VA disability compensation?

VA disability compensation. VA disability compensation (pay) offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse. You may qualify for VA disability benefits for physical conditions ...

What is VA DIC?

Compensation benefits for a surviving spouse and dependents (VA DIC) Learn about getting VA disability benefits as a surviving spouse, dependent child, or parent.

Can you get VA disability for mental health?

You may qualify for VA disability benefits for physical conditions (like a chronic illness or injury) and mental health conditions (like PTSD) that developed before, during, or after service. Find out how to apply for and manage the Veterans disability benefits you've earned.