what to ask your va attorney about your claim

In order to determine whether a lawyer you are considering has the knowledge you need for your claim, ask the attorney some of the following questions:

• Are you a VA-accredited attorney?
• How long have you been practicing veterans law?
• When did you last attend a veterans law training?
• What is your success rate on appeals?
• Will you help me get the earliest effective date for...

Full Answer

What questions should I ask when hiring a VA lawyer?

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 that an inexperienced …

How do I find a lawyer for a VA case?

The best suggestion I can offer you is that you ask a veterans law attorney to review your claim. That won't cost you anything up front and it's probably your only chance to prevail. You have challenging claims. I've worked with clandestine ops veterans before and VA is particularly difficult to deal with in these cases.

Should I hire a lawyer to help with my VA claim?

Sep 19, 2020 · Disability Law Group discusses which questions you should ask your VA disability attorney during a consultation. Contact us today.

Where can I get a lawyer for VA disability compensation?

What To Do Before Contacting An Attorney About Your VA Claim DD214 or Service Records. In order to obtain your DD214 or Service Records (personnel or medical), you must complete an... Decisions. Decisions may be obtained by sending a request, in writing, for the document in question. Your written... ...

What are the stages of a VA disability claim?

Generally, there are eight steps that disability claims follow:Claim Received. Your claim is moved to this stage once it has been received by VA.Under Review. ... Gathering of Evidence. ... Review of Evidence. ... Preparation for Decision. ... Pending Decision Approval. ... Preparation for Notification. ... Complete.May 14, 2017

How much evidence is needed for VA claim?

For service connection, the burden of proof is to show that the veteran's condition is “at least as likely as not” due to their military service. In essence, there must be at least a 50% chance that the veteran's condition is linked to their service, and if there is a 50-50 tie, VA must decide in favor of the veteran.Mar 24, 2017

How do I win my VA disability claim?

To win your VA disability compensation claim, you must demonstrate three things:a medical diagnosis,a connection to active duty military service (nexus), and.medical evidence of recurring or persistent symptoms.Jan 18, 2022

How long does it take to settle a VA claim?

The VA estimates that it takes them 94 days to review a VA disability application. However, many cases take much longer than that. Here are some factors that can shorten or extend the time it takes to reach a decision: Type of claim filed.

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

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 is the easiest 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.

Should I ask for my claim decision VA?

You don't need to do anything unless we send you a letter asking for more information. If we schedule any exams for you, be sure not to miss them. You can check the status of your claim online. The timeline you see there may vary based on how complex your claim is.Feb 1, 2022

Does preparation for notification mean denied?

The claim when this is done is REVIEWED by an AUTHORIZER whose job it is to make sure everything has been addressed and the payments are correct before APPROVING IT to be paid. “Preparation for Notification” is the step right after the decision on your claim has been authorized.

How far back does VA disability back pay go?

It takes another 9 months before the VA's Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VA's rating decision.

How long are VA claims taking in 2021?

As of September 11, 2021, VA has indicated that it takes an average of 115.8 days to complete a fully developed claim from the moment people begin collecting evidence. A standard claim currently takes about 115.7 days from the time it's submitted.

What do I say to get 70 PTSD compensation?

You should be completely honest during your Compensation and Pension (C&P) exam, which could be the tipping point between two ratings. At 70%, a veteran has occupational and social impairment with difficulties in most areas, including work, school, family relations, judgment, thinking, and mood.Oct 29, 2021

What you need to know about the new VA appeals process

Please answer a few questions to help us match you with attorneys in your area.

Do I Need a Lawyer to Represent Me at My Appeal?

You may choose to have a representative present during your videoconference or in-person hearing or you may elect to proceed without a representative. The VA regulates how much lawyers can charge veterans for handling an appeal. To learn more, read our article on hiring and paying a VA-accredited lawyer.

How Do I Testify Before a Veterans Law Judge?

If you chose the third route in the new appeals system, a Veterans Board Appeal, and you request a hearing, you have three ways to provide testimony to the Veterans Law Judge.

What Happens During a Video Conference?

If you have a representative, the representative will be with you during the videoconference.

If I Win My Claim on Appeal, What Will the Effective Date Be?

With the new appeals system in place, as long as you can accomplish your review or appeal using one of the newly created three routes, your effective date for any claim granted will date back to your original claim.

What If I Disagree With the Decision of the Veterans Law Judge?

Once a decision is rendered, the veteran can disagree and appeal to the Court of Appeals for Veterans Claims. This appeal to the Court of Appeals must be made within 120 days. The Court of Appeals may not view new evidence, but it can remand back to the Board of Veterans Appeals for a new decision.

Can I Change My Route to Review or Appeal?

Yes, you can change your mind! If you want to change the route you originally chose, you can send in a new decision review request form within a year from the date of your Veterans Benefits Administration decision. Include a letter explaining why you changed your mind.

How do you Find the Best one for your Claim?

The more veterans I talk to about their experiences with representation, the more I realize how important it is to choose the correct representative for your VA Claim.

Factors to Consider in Choosing an accredited VA disability attorney

Here are just a few of the things I think are important to consider before hiring a VA Disability Attorney:

What to do if you are not happy with your VA rating?

If you are not happy with the VA benefit rating you received on the application, you have the option to hire a VA disability compensation lawyer at Woods & Woods. If you hire us, you will be assigned to a VA benefit legal team that consists of VA disability compensation lawyer, case managers, team leaders, and other support staff. This legal team is going to get you through the complex VA appeals process timeline together. We have various departments in our law firm that are responsible for handling particular items in your veterans benefits case and everything will be coordinated by your case manager and VA disability compensation lawyer.

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

Veterans have one year to file an appeal from the date on their Rating Decision letter. If you have waited longer than one year and let your appeal period collapse, you still have options. You can re-apply and open another VA disability compensation benefits claim.

Does Woods and Woods have a VA disability lawyer?

The evidence these doctors provide helps veterans win their VA disability compensation claims. Your VA disability compensation lawyer will work with the doctor to create detailed reports that service-connect your conditions. Some reports may be used to prove secondary service-connected conditions as well. Woods & Woods has built a network of doctors we use that specialize in certain practices.

What happens if you don't win your VA disability appeal?

If your appeal is not successful, you pay your VA disability compensation lawyer at Woods and Woods nothing. If we don’t win your appeal, we don’t expect a penny. Clients that do not win their appeals do not pay case expenses either. If we don’t do everything in our power to win, you shouldn’t be on the hook for costs associated with the case. It is not fair to charge clients you let down. Imagine if every business worked like this, you only pay when people do great work!

Does Woods and Woods charge for VA benefits?

We do not charge anything for help with your application. If you obtain VA benefits with your initial application, there is no fee to Woods & Woods. There’s no catch, except this: you’re going to be happy with our customer service and tell your friends. If you need to appeal your Rating Decision, we are convinced you will feel Woods & Woods is the right firm to hire. You wouldn’t buy a car without test driving it, would you?

What is the SWAN number?

Call the SWAN legal resource at 202-798-5570.

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.

Personalized Attention to Your Case

Unlike some free services available to veterans for help filing a disability benefits claim, hiring a lawyer ensures that your case receives the personalized attention it deserves. Unfortunately, many free services are bogged down with clients and claims, and it is easy for your case to get lost in the shuffle.

A Knowledgeable Expert for Your Appeal

Hiring an attorney to handle your case guarantees a knowledgeable expert by your side if the appeal is denied. The majority of initial applications are denied by the VA, and filing an appeal is a routine aspect of receiving disability benefits from the government.

What to Ask a VA Disability Attorney

It is critical when hiring an attorney to handle your case that you secure the services of a lawyer that has successful experience managing veterans’ disability claims. In order to determine whether a lawyer you are considering has the knowledge you need for your claim, ask the attorney some of the following questions:

Talk to a VA Disability Attorney Today

Receiving VA disability benefits can make all the difference when it comes to supporting yourself and your loved ones. To learn more about hiring a VA disability attorney to appeal a VA disability benefits claim, call or contact The Veterans Law Group today.