how to know if your va disability attorney is doing a good job

by Stephanie Stracke Published 2 years ago Updated 1 year ago 6 min read

What is the easiest VA disability claim to get approved?

Jun 16, 2012 · What Do Good VA Disability Lawyers Need to Know? It may seem obvious, but the number one thing a veterans’ representative should know is VA law. This means having Title 38 of the US Code close by, which contains VA law and regulations, as well as knowing the Claims Adjudication Manual (M21-1). Actually having this documentation is incredibly ...

Did you get denied for VA disability benefits years ago?

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 explain the possibilities of your disability rating, how to establish when your disability began, and what is expected of you throughout the process. Dedicated. Your attorney should be willing to represent you …

Is the VA not telling you what benefits you are owed?

Aug 04, 2020 · The first question that you should ask a potential attorney for your VA disability benefits case is how much experience the lawyer has with VA disability claims. If the attorney is new and without much experience or support, you may want to choose another attorney. This is especially the case if your claims have additional levels of complexity ...

What questions should I ask when hiring a VA lawyer?

You already know your case won’t be easy to win because it has already been denied. Make sure you select a lawyer you know you can trust! 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 ...

What does it mean when the VA says favorable findings?

Favorable findings made by an adjudicator during the claims process are binding on all subsequent adjudicators (within the VA system), in the absence of clear and unmistakable evidence to the contrary. Favorable findings will also be outlined in decisions issued under VA's claims and appeals process.

How successful are VA disability appeals?

Without representation, veterans have a roughly one in four chance of receiving benefits on appeal: 2017 - 24.42% of appeals were approved with no representative. 2018 - 27.22% of appeals were approved with no representative. 2019 - 26.18% of appeals were approved with no representative.

What percentage of VA disability appeals are approved?

Here's how their decisions played out: In fiscal year 2020, the Board allowed (approved) 33.8% of the legacy appeals and 37% of the AMA. As for denials, the Board denied 20.3% of legacy appeals and 27.6% of AMA.Apr 4, 2021

How long does it take the VA to settle a disability claim?

As of June 2021, the average time it takes for the VA to issue a decision on VA benefits is 134.4 days. If your application is denied and you want to complete the appeals process, it will take approximately 125 days for a Supplemental Claim or Higher-Level Review and more than one year for a Board Hearing.

How many veterans are denied benefits?

The Veteran Affairs website reports that 75 percent of all initial applications for VA benefits are denied.

How often are VA appeals approved?

Many claims are approved on appeal, and having access to quality legal representation greatly increases your odds of being awarded benefits. In 2017, 39.49% of appeals were approved with an attorney, while only 24.42% were approved with no representative.

What is the easiest VA disability to claim?

Tinnitus

The #1 Easiest VA Disability to Claim: Tinnitus

Tinnitus can only have one VA rating. It is either 10% or nothing. There is no lower VA rating and there is no higher VA rating. Therefore, we call it a “low-value” claim, because it is always rated at 10%, and 10% only, with no exceptions.

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

How many times can you appeal VA disability?

If you file a VA disability application and are denied or given a low rating, you have one year to appeal that decision. If you wait longer than a year, you can file a new application. If that application is also denied, you can appeal. There is no limit to how many times you can appeal different applications.Jul 25, 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

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.

How long does it take to get VA Unemployability?

4-7 years

The VA may take 4-10 months to issue an initial decision. If you are awarded TDIU benefits, congratulations, you won't have to go through the appeals process. This part of the VA Individual Unemployability timeline can easily take 4-7 years. Seriously, 4-7 years.Jun 2, 2018

Why should I hire a VA disability 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. Much like the VA benefits system, most free organizations available to veterans are understaffed and overrun, forcing them to sacrifice personalized service in favor of processing as many people as they can in a day.

How does a VA disability attorney work?

In contrast, an accredited VA disability attorney works directly for you. You can spend as long as you like explaining the problems you’ve been having, getting your questions answered, and completing the requirements to get your application processed as quickly as possible. You also have a direct line to the person handling your case, saving you the hassle of retelling your story to a claim officer each time you call. In addition, both the Department of Veterans Affairs (VA) and the United States Court of Appeals for Veterans Claims (CAVC) treat an application differently when the claimant is represented by counsel.

What should an attorney do when determining your disability?

Experienced. Your attorney should be able to clearly explain the possibilities of your disability rating, how to establish when your disability began, and what is expected of you throughout the process.

Can an attorney represent you on a VA disability claim?

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 . If you have been denied VA benefits, have received incorrect information that can hurt your claim, or wish to file an appeal, you should seek the help of an accredited VA attorney. Call us today to find out how Cuddigan Law attorneys can help you with your benefit claim, or click here to read through a free copy of The Essential Guide to VA Disability Claims.

How Much Experience Does the Lawyer Have With Disability Claims?

The first question that you should ask a potential attorney for your VA disability benefits case is how much experience the lawyer has with VA disability claims. If the attorney is new and without much experience or support, you may want to choose another attorney.

Does the Lawyer Focus on VA Disability Benefits Claims?

Another question to ask is whether the attorney focuses on VA disability benefit claims. You may meet a lawyer who tells you that he or she has many years of experience, but that experience may be in an entirely different area of the law. Be specific in asking how much of the lawyer’s focus is on disability benefits claims in his or her practice.

What is the Plan to Win Your Benefits?

A knowledgeable attorney should be able to review the facts of your case and articulate a basic plan of how he or she intends to win your appeal. This not only shows you that the attorney has an understanding of the process but also that he or she comprehends the specifics of your claim.

Will This Lawyer be Handling Your Claim?

When speaking with an attorney about your case, be sure to ask whether this lawyer will be the one who actually manages your claim from beginning to end. In some firms, partner attorneys will hand cases off to associates under their supervision to handle once they secure the client.

Call or Contact a VA Disability Attorney Now

Asking these and other important questions to potential attorneys for your disability benefits case is the best way to ensure that you are hiring a quality attorney to handle your claim. Call or contact lawyers in your area today to schedule appointments to discuss your case.

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.

Do veterans lawyers work on disability cases?

Don’t hire a lawyer who practices in many different areas of the law. The most qualified and experienced veterans’ disability lawyers work exclusively or mostly with vets on disability cases. They don’t merely dabble in veterans disability, and handle other types of cases too. Hire a lawyer who limits all or most of his law practice to veterans disability cases.

What is the role of a VA attorney?

Typically, VA-accredited attorneys and claims agents perform most of their representation after VA has issued an initial decision on a claimant’s claim —this is when attorneys and claims agents are permitted to charge fees for their representation. At this stage of the adjudication process, an attorney or claims agent may be helpful to you in further developing the evidence in support of your claim and crafting persuasive and legal arguments on your behalf to submit to VA. In addition, an attorney or claims agent can assist you in navigating the VA appeals process.

Who can help with VA claims?

Among other things, a VSO representativ e can help you gather any evidence needed and submit a Fully Developed Claim on your behalf. A VSO representativ e can also correspond with VA about your claim on your behalf. VSOs always provide their representation on VA claims free-of-charge.

What is a VSO attorney?

An attorney is someone who is a member in good standing of at least one State bar.

What is VA accredited?

Typically, VA-accredited attorneys and claims agents perform most of their representation after VA has issued an initial decision on a claimant’s claim—this is when attorneys and claims agents are permitted to charge fees for their representation.

How to find a VSO representative?

You can also find a representative of a recognized VSO, attorney, or claims agent by state/territory, by zip code, or by the VSO's name online using eBenefits.

What can a VA accredited representative do?

A VA-accredited representative can help you understand and apply for any VA benefits you may be entitled to including: compensation, education, Veteran readiness and employment, home loans, life insurance, pension, health care, and burial benefits. A VA-accredited representative may also help you request further review of, or appeal, an adverse VA decision regarding benefits.

What benefits can a VA representative help you with?

A VA-accredited representative can help you understand and apply for any VA benefits you may be entitled to including: compensation, education, Veteran readiness and employment, home loans, life insurance, pension, health care, and burial benefits.

What happens if you don't score on VA disability?

If you don’t score on each of these criteria, you won’t get approved for VA disability benefits.

What are the criteria for VA disability?

To win your VA disability compensation claim, you must demonstrate three things: medical evidence of recurring or persistent symptoms. If you don’t score on each of these criteria, you won’t get approved for VA disability benefits.

What is considered a high value disability?

Somatic symptom disorder. Military sexual trauma. Disabling mental health conditions are generally regarded as “high-value” claims. This is because mental health issues are much more likely than neurological, skin, auditory, or most musculoskeletal conditions to receive a disability rating of 30% or higher.

How much is VA disability in 2021?

As of 2021, if a disabled veteran with a spouse and no children has a 100% VA disability rating, he or she would be entitled to a monthly disability compensation payment of $ 3,321.85.

What is 100% disability?

A 100% disability rating denotes a medical condition that is completely and totally disabling, with no expectation of finding gainful employment. As of 2021, if a disabled veteran with a spouse ...

Can you claim musculoskeletal disability as a secondary condition?

Again, while musculoskeletal conditions are assigned a VA disability rating of 20% or less more than 90% of the time, you can also claim them as a secondary condition.

Can you get VA disability for tinnitus?

However, tinnitus is among the easiest VA disability benefits to get approved. First, it’s subjective. There’s no definitive test for it. Unlike other conditions that can only be approved if there is a good deal of objective medical evidence for the claim, tinnitus is on the honor system.

Why is it important to know your disability rating?

It’s important to know your rating, and confirm that we have the right information, because we use it to decide what disability benefits you’ll get.

What is service connected disability?

Service-connected disabilities are injuries or illnesses that were caused—or made worse—by your active-duty military service.

How to learn about VA benefits?

Veterans Benefits secrets aren’t really even secrets – they are the small laws that the VA doesn’t tell veterans about. The best ways to get VA disability granted are learned through devout studying of the Code of Federal Regulations 38 (the laws pertaining to Veterans Benefits). If you need your Veterans Benefits, talk to an experienced VA Disability lawyer.

How long do you have to appeal a VA disability decision?

If you disagree with your Veterans Disability Benefits decision you may be able to appeal. Veterans beware: you only have one year to appeal the VA’s decision. If you do not appeal within that period you probably won’t be able to appeal that decision.

What is the difference between a 90% disability and a 100% disability?

As you probably already know, the difference between a 90% VA Disability rating and an 100% VA Disability rating is over $1,000 a month.

Do veterans need a VSO?

Many veterans rely upon the help of a free Veterans Service Officer (VSO). For simple VA disability claims VSOs do a great job helping veterans. However, when it comes to more complex cases with multiple impairments, we highly suggest you hire a veterans disability benefits lawyer. Sometimes Woods & Woods even works with doctors, psychiatrists, and oncologists to prove claims. Many free VSOs do not have the resources to get veterans the evidence they need to win their claim.

Do VA disability lawyers know about veterans benefits?

Our VA Disability compensation lawyers know Veterans Benefits secrets because we have researched VA law for many years. Veterans Benefits secrets aren’t really even secrets – they are the small laws that the VA doesn’t tell veterans about.

Do VA benefits pay the same as 100%?

Individual Unemployability benefits pay the same as a 100% rating. If you’re not able to work because of service-connected disabilities, but can’t reach a 100% VA rating, you might want to consider Individual Unemployability benefits. Some veterans do not even realize these benefits exist.

Do veterans understand disability benefits?

Many veterans don’t fully understand their rights when it comes to VA Disability Benefits. The Veterans Administration does not always do a good job of explaining what benefits are owed to you. Learn 10 Veterans Benefits secrets the VA may not tell you: