how to hire a va attorney

To hire or "retain" an attorney to guide you through a VA disability benefits appeal, you must first have a denial of an application that you submitted. The lawyer usually can't help you before that happens. You're about to be pleasantly surprised when I tell you that even if you're dead broke, you can afford a great lawyer.

Full Answer

Can a veteran hire a lawyer for a VA claim?

And while an attorney can't make the VA decide your claim any faster, legal assistance can help you get more of the benefits you are entitled to. It is a significant advantage to you to be represented by an attorney because VA laws and regulations are complex, often difficult to understand, and subject to frequent change.

What should I look for when hiring a VA lawyer?

Your VA claim is important to you. It is personal. Hiring a VA claims lawyer is a big decision. Insist on speaking with the lawyer before signing the contract. You need to see what they can do to help you with your claim. A VA disability lawyer should have time before you sign a binding contract to tell you how he can help you with your claim.

Should I pay for a VA disability lawyer?

How to Hire an Attorney For Your VA Claim or Appeal. $ 0.99 $ 0.00 LIFETIME Subscription to the Veterans Law Blog® $ 0.00 / year and a $ 395.00 sign-up fee Quarterly Subscription to the Veterans Law Blog® $ 40.00 every 3 months

How do I find an attorney for a veteran?

Which Attorney Should I Hire? Your attorney must be both qualified to represent your case and competent in the field of veterans’ law. Before you hire an attorney, you should determine whether he or she is: VA-Accredited. Only attorneys who have been accredited by the VA can represent veterans in disability cases. Experienced. Your attorney should be able to clearly …

Should I get a lawyer before applying for VA disability?

If you are completing your initial application for VA benefits, you more than likely do not need a lawyer. ... However, if you have already applied for VA disability benefits and have been denied, you can file an appeal; in this case, working with a lawyer can be helpful.

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

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.

What percentage of VA disability appeals are approved?

In 2018, the percentage of appeals approved with an attorney was 44.61%, while only 27.22% of appeals were approved with no representative. In 2019, 46.31% of appeals were approved with an attorney, while only 26.18% were approved with no representative.

Does the VA provide power of attorney?

VA Form 10-0137 allows a veteran to select a representative to serve as a power of attorney for health care and a living will. A durable power of attorney usually must be signed and notarized, as well as specified as being durable; it will continue to be in effect in the event the principal becomes incapacitated.

What are the easiest things to claim for VA disability?

According to a recent Veterans Administration report to Congress, the ten most commonly awarded medical conditions that are getting approved for benefits are as follows:Tinnitus.Limitation of flexion (knee)Hearing loss.Lumbosacral or cervical strain (back and neck strains)Limitation of arm motion.General scars.More items...•Jan 18, 2022

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.

How hard is it to win a VA appeal?

The Board of Veterans' Appeals Annual Report for Fiscal Year (FY) 2018 indicated that the VA disability appeals success rate for veterans was 35.75 percent. ... Of this 35.75 percent, 19.61 percent (16,729) were allowed without any remanded issues, while 16.14 percent (13,763) were allowed with at least one remanded issue.Aug 1, 2019

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

How do I fight my VA disability?

Resources and support.Call us. 800-698-2411.Visit a medical center or regional office. Find a VA location.Apr 20, 2021

How long does it take a VA judge to make a decision?

The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal. When you request a review from a Veterans Law Judge at the Board of Veterans' Appeals, it could take 5-7 years for you to get a decision.Mar 26, 2021

Is it hard to get disability from the VA?

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.

How do I get a 100% VA rating?

How to Get 100 Percent Disability from VA?You must be a Veteran.You must have at least one service-connected disability rated at 60% or higher OR.Two or more service-connected disabilities with at least one rated at 40% or more with a combined rating of 70% or more.More items...•Mar 1, 2021

How do I file a power of attorney in Virginia?

To create a POA in Virginia, you must be at least 18 years of age and have the capacity to make decisions and understand what you are doing. You complete the form, naming your agent and choosing the powers you want to give them. You must choose the powers you are specifically granting to your agent.

How do I become a VA fiduciary?

If you are interested in serving as a fiduciary, submit a request with the beneficiary's name and VA file number, along with your name and contact information, to your nearest VA regional office. You can find your nearest office at https://www.va.gov/directory/guide/division.asp?dnum=3 or by calling 800-827-1000.

Does the VA offer free will services?

VA makes financial planning and online will preparation services available at no cost to beneficiaries of: SGLI (Servicemembers' Group Life Insurance)May 10, 2021

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....

How to Win Your Disability Case

Each day Federal agencies publish documents in the Federal Register, including proposed rules, final rules, public notices, and Presidential actions.

Discounts For Vets

It's a little like wrestling a gorilla. You don't quit when you're tired.

Wisconsin

For decades, the military and the VA have repeatedly turned to one man to guide decisions on whether Agent Orange harmed vets in Vietnam and elsewhere. His reliable answer: No.

Veterans Affairs expanding benefits and processing additional disability claims

A look into the crystal ball suggests we will see a strong economy, continued rising inflation and higher taxes

West Virginia

Providing Military Veterans Personalized Psychological and Medical Evaluations. Complete the Contact form, and you'll get a personal phone call from us. We listen, and want to know what you are going through.

United States Department of Veterans Affairs

Connection for Respiratory Conditions Due to Exposure to Particulate Matter."

What can a VA disability lawyer do?

In veteran’s disability claims, a VA disability lawyer can help clarify the issues and ensure that the claim is properly supported by evidence so that the claim can be appealed, if necessary. There are many VA disability lawyers so the question is how to select the proper one to represent you.

What is VA service connected disability?

VA service connected disability compensation benefits are monthly payments made to veterans, and, in some cases, their families. The veteran is entitled to compensation when he can show that this disability is related to an injury or event in service. The disability payments, known as the disability rating are based on the degree ...

Can widows receive DIC benefits?

Widows and widowers of deceased veterans may also be entitled to payments based on a disability of their spouse. The VA law provides for a monthly payment, known as DIC benefits, where a service connected condition contributed to the death of the veteran or where the veteran was totally disabled because of a service connected condition for a certain period of time before the death.

Can you investigate the effective date of a VA disability claim?

Another common mistake is not to fully investigate the effective date. VA disability lawyers are going to look back at all your previous claims in the C file and determine if there is a way to take the benefits back further than the date of the current claim.

Does the VA allow non service connected pensions?

For servicemen who served in a period of war, the VA law allows non-service connected pension benefit, regardless of whether the disability was service connected. This veterans benefit is income and asset tested and only applies to those wartime veterans who do not have significant income and assets and are completely disabled.

Why Should I Hire an Attorney?

We hear a lot of veterans ask the question, “Why should I hire a VA disability attorney when I can apply for benefits for free?” The best answer is, of course, that you get what you pay for.

Which Attorney Should I Hire?

Your attorney must be both qualified to represent your case and competent in the field of veterans’ law. Before you hire an attorney, you should determine whether he or she is:

When Can I Hire an Attorney?

An attorney may not be compensated for representing you until after a notice of disagreement has been filed, so many veterans choose to apply for benefits first and wait for the rating decision .

How to Find the Right Veterans Disability Lawyer for Your Case

As a general piece of advice, you should only choose a VA-certified veterans disability lawyer who can provide you with top-level legal representation. At the same time, you should always consider the benefits of acquiring an attorney who will fully represent your interests.

When to Call Your VA-Certified Veterans Disability Lawyer

You can acquire a veterans disability lawyer at any point in the claims process, whether you’re organizing the documentation or appealing a denial. On average, about 70% of veterans disability claims are denied, and so it’s likely that you may need to appeal that denial with an experienced attorney at your side (not mandatory, but highly advised).

How Much Might a Veterans Disability Lawyer Cost

One of the first questions that we hear from potential clients is, “How much will a veterans disability lawyer cost me to represent my case.” Well, attorney William Herren works on a contingency basis, meaning that you won’t owe a thing unless we win your case.

Contact Herren Law in Houston TX

At Herren Law, our mission is to help you obtain your veterans disability benefits in a timely, stress-free manner. As such, when taking on your case, we’ll work closely with you, one-on-one, and carefully listen to your case, your service in the military, and the disability you obtained due to that service.

What to do if you are denied VA benefits?

If you believe you have been denied unfairly for your benefits, you have the right to pursue legal action to receive those benefits. Whether or not you decide to hire a lawyer for your VA appeal, there are many resources available to you to help you obtain the medical care you need and have earned.

What is VA disability?

Specifically, VA disability compensation is a monthly, tax-free payment for veterans who were injured or became ill while serving in the military, as well as veterans who had an existing medical condition that was made worse by their military service. Some of the conditions covered by VA disability include: Chronic back pain. Breathing problems.

What are the benefits of the Veterans Administration?

These include: Health care benefits, such as medical care and prescription medications. Education benefits, such as the GI bill. Disability benefits for service-connected illnesses or injuries.

Is a disability considered service connected?

Not having enough medical evidence for your condition to be considered a disability, or to be considered service-connected. Your disability is pre-existing and not found to be related to your military service. Recently, the VA has introduced new rules to help expedite the appeals process for veterans whose disability claims have been denied.

Can a veteran receive medical care?

Veterans are entitled to receive medical care for these and other qualifying conditions; however, obtaining that care can sometimes be a challenging process, especially if the initial VA claim is denied. In these instances, hiring a VA disability lawyer may be the best course of action to help ensure that you receive the benefits you’ve earned ...

What is the VA disability number?

To schedule your consultation with one of our Kalamazoo disability lawyers, call 1-844-VET-LAWS.

Does a VA attorney have to be up to date?

Since laws affecting VA disability benefits change every year, it’s important your attorney stays up to date. It’s a red flag when an attorney handles a wide variety of claims. If an attorney doesn’t specialize in VA law, it may have been several months or years since the last time they helped a client get compensation for service connected disability.

Can a VA disability attorney help you?

A disability attorney only takes on as many cases as they’re able to handle, which means you can expect personalized service.