how to hire an attorney for your va claim or appeal

To have a claims agent or attorney help you, fill out an Appointment of Individual as Claimant’s Representative (VA Form 21-22a). Get VA Form 21-22a to download If you’re filling out one of the forms, you’ll need to mail it to your nearest VA regional office.

Full Answer

Why hire a VA benefits appeal lawyer?

Apr 18, 2017 · Please call (888) 682-0751 or contact us online today to take the next step in your battle to receive the benefits you deserve. Berry Law The attorneys at Berry Law Firm are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals.

Can a veteran hire a lawyer for a VA claim?

Mar 08, 2022 · To have a claims agent or attorney help you, fill out an Appointment of Individual as Claimant’s Representative (VA Form 21-22a). Get VA Form 21-22a to download If you’re filling out one of the forms, you’ll need to mail it to your nearest VA regional office. Please speak to the service organization or representative before you send your request.

Do I need a lawyer to appeal a VA disability denial?

Apr 15, 2022 · They may be able to recommend a good VA appeals and disability lawyer with who you can then arrange an appointment to meet. You may want to talk to more than one specialist lawyer to find one whom you feel comfortable with, as the details of the appeal can be personal and difficult to share.

How do I find a lawyer for a VA case?

Dec 11, 2019 · You absolutely have to be an attorney to bring a claim there. Your lawyer should actively practice Veterans Disability Law having a thorough knowledge of VA case law. Add to that, the Equal Access to Justice Act (EAJA) states that, if you hire a lawyer at the CAVC level and win, the government must pay your legal fees.

What percentage of VA appeals are successful?

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.

What is the best way to appeal a VA disability claim?

How Do I File an Appeal With the VA? To file an appeal with the VA Regional Office that denied you benefits, you will need to submit a Notice of Disagreement (NOD). The VA doesn't have an NOD form, so you can use Statement in Support of Claim form. You can find this form at www.va.gov/vaforms/.

How do I fight a denied VA claim?

VA Claim Denied: What to Do NextOption #1: File a Notice of Disagreement (NOD) ... Option #2: Request a senior rating specialist to review your case. ... Option #3: File a Supplemental Claim. ... Don't Forget: Make Copies of Everything. ... Prepare to Wait.

Can the VA lower my rating if I appeal?

If you do request a hearing, VA cannot reduce your rating until it is held. Requesting a hearing can provide the veteran with additional time to submit new evidence to fight the proposed reduction.May 2, 2018

How hard is it to win a VA appeal?

Veterans represented by attorneys saw the best results: 40.9% of their cases allowed. 38.5% remanded. Only 14.8% denied.May 7, 2021

What is the average time for a VA appeal?

In general, the total average wait time is 1,573 days from when Veteran files and appeal to when VA issues a decision on that appeal. It is important to note that these wait times are averages, and claimants may experience longer or shorter wait times.

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

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

C&P exams are, technically, not required in every case. Specifically, if a veteran's initial application, or claim, for benefits is submitted with all the required information, documentation, and lay evidence necessary for a favorable decision, then VA may not need to schedule a C&P exam before issuing a rating.Oct 2, 2021

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 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 is the VA 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.Apr 7, 2022

What is the 55 year rule for VA disability?

If you are 55 years old, then federal guidelines provide the 55-year-old rule that you should be exempt from reexamination, except in rare circumstances or by regulation.Oct 29, 2020

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...

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 ...

What does it mean when a lawyer is accredited?

If the lawyer holds out being ‘accredited’ as the only experience that he has in VA law that is a red flag. If this is all the experience and training the lawyer has that means that the lawyer will be using your veterans claim case to get training on veterans law. His errors could undermine your case.

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.

Is there a time limit for veterans to file a claim?

As President Lincoln said the purpose of the Department of Veterans’ Affairs is “to care for him who shall have borne the battle and for his widow, and his orphan.”. There is no time limit on when a claim can be brought.

Is VA law complicated?

VA law is too complicated to practice on a part-time basis. Do not sign a contract before you speak with the 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.

How to choose a lawyer?

When choosing a lawyer you should talk to at least 2 or 3 before you sign any contract. Choose someone who is prompt to respond to your questions and eager to discuss your case. If you are shuffled from one paralegal to the next and you aren't able to speak with the lawyer, move on to someone else.

Do lawyers work for free?

Most lawyers won't work for free. Any lawyer who says they will help you file a claim and then charge you for it is breaking the law. If you do need help filing your claim, for whatever reason, you should contact a veterans service organization for free help.

Can a lawyer charge for disability?

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. So, most likely, a reputable lawyer won't even touch your case until you have filed for disability compensation ...

Do VA lawyers get paid?

The lawyer only gets paid if they win your case. But, be sure to read your contract with the lawyer before signing it so you understand all the details. A lawyer on the up-and-up is no problem, others can rip you off. Make sure you choose a lawyer who is VA accredited. First, that means they know what they are doing.

Can a VA lawyer rip you off?

First, that means they know what they are doing. Secondly, if the lawyer is VA accredited they most likely won't rip you off. Any lawyer who does business nationwide by representing veterans versus the VA isn't about to lose their accreditation by trying to rip off one veteran.

Who can I work with to file a VA claim?

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.

How many days do you have to file a pre discharge claim?

Pre-discharge claim. If you have 90 to 180 days left on active duty, find out how to file a disability claim through the Benefits Delivery at Discharge (BDD) program to get your benefits sooner.

Can a non-recognized organization be a VA representative?

Non-recognized organizations and individuals can provide information, but can’t be representatives.

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.

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.

Did the government stop veterans from getting legal representation?

Until 2007, veterans were effectively denied by law access to qualified attorneys to represent them prior to exhausting all their administrative appeals. In many minds, this was the federal government purposefully preventing veterans from getting effective representation on monetary claims against the government.

Why do veterans opt for an attorney?

In most cases, because of the time it takes a self-represented veteran to get a favorable decision from the VA, as opposed to having a competent attorney prepare arguments, most will opt for an attorney. The reason being, the VA does make it a tough, and sometimes grueling process, and often times, veterans lose hope that any kind ...

How many claims does a service organization representative have?

The average service organization representative has over 1,000 claims. An attorney, on the other hand, will only take the number of veterans claims the law firm can provide competent and expert legal assistance to at any particular time.

Should veterans represent themselves?

But, many veterans would rather, at least at first, represent themselves in their ensuing battle with the VA to get their rightful benefits. Before any veteran self represents, he/she should decide whether it is worth his/her while to “go it alone”, or opt for legal representation.

Do attorneys rely on the VA?

Next, attorneys do not rely on the VA to develop the evidence to support the claim . A competent law firm representing veterans in their disability claims uses medical professionals to ensure each and every claim by the veteran meets the standard of proof required by the BVA (Board of Veterans Appeals) and the CAVC , ...

What is the VA decision review process?

VA decision reviews and appeals. The legacy VA appeals process has changed to the decision review process. If you disagree with a VA decision dated on or after February 19, 2019, you can choose from 3 decision review options (Supplemental Claim, Higher-Level Review, or Board Appeal) to continue your case.

How long do you have to file a decision review?

In most situations you have one year from the date on your decision letter to request a decision review. The deadline to file may be different if you have a fiduciary claim or a contested claim, or you’re filing a Supplemental Claim.

Can you submit new evidence to a higher level review?

You can’t submit new evidence with a Higher-Level Review. Decision review option: Board Appeal. You can appeal to the Board of Veterans’ Appeals and have a Veterans Law Judge review your case. After you request a decision review. Find out what happens after you request a decision review. Contested claims.