when should hire attorney in va disability appeal?

If you have a complicated case or are overwhelmed by the appeals process, hiring an attorney might be the best option for you. Even small mistakes in your claims file can result in a denial for benefits, and appealing can take years depending on the nature of the appeal and the assigned VA regional office.

Full Answer

Is it worth getting a lawyer for a VA disability claim?

If you believe your disability rating is too low, or you have new evidence that you want to present to the Board of Veterans Affairs, an attorney or agent can help increase your rating. The numbers also speak loudly. You're more likely to have your claim granted on appeal with the help of an attorney.

What are the chances of winning an appeal with the VA?

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 is the average wait time for a VA appeal?

The Veterans Benefits Administration usually takes 12 to 18 months to review 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 to 7 years for you to get a decision.

What are the stages of a VA appeal?

Step 1: The Original Claim. ... Step 2: The VA Rating Decision. ... Step 3: The Veteran's Notice of Disagreement (NOD). ... Step 4: The Decision Review Officer (DRO) review process. ... Step 5: The VA's Statement of Case (SOC). ... Step 7: The BVA Hearing. ... Step 8: Appeal to the CAVC. ... Step 9: Appeal to the Federal Circuit Court of Appeals.More items...

How long does a VA appeal take 2022?

about 11-12 monthsHow long does a BVA direct review appeal take? In 2022, a direct review appeal to the VA Board of Appeals takes the board about 11-12 months to come to a decision from when you first file an appeal.

How many times can you appeal a VA decision?

There is no limit to how many times you can appeal different applications. You should submit new evidence with each claim. The best way to win an appeal is to do it right the first time. The VA disability appeals process can take years.

How can I speed up my VA appeal?

How Do I Expedite My VA Claim? If you fall into one of the categories listed above, you can apply to have your case expedited. To do so, you will need to fill out a Priority Processing Request via VA Form 20-10207. The five-page form contains instructions for applying to have your claim expedited.

What happens after VA appeal is granted?

Set up direct deposit: When a Veteran wins an appeal, the VA will send an award packet. The Veteran can then sign up for a direct deposit for their benefits. If a Veteran does not set up direct deposit, the VA will send monthly paper checks to the Veteran's last known address.

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

In order to appeal to the Court, a veteran or their attorney must be able to argue that the Board committed legal error in its decision. You have 120 days from the date of the Board's decision to appeal to the Court. Board decisions are considered final and binding, so this is an extremely important deadline.

Why are VA appeals taking so long?

The politics of pending claims The problem with trying to close out disability claims quickly is that more mistakes are made on the initial Rating Decisions, and thus more veterans will want or need to file an appeal. Thus, the backlog of cases simply shifts from the initial claim level to the appellate level.

How long does VA preparation for decision take 2022?

4 to 6 weeksIn 2022, you can expect to receive a VA rating decision within 4 to 6 weeks after your last C&P exam. If it's been longer than 6 weeks, pick up the phone, call the VA hotline, and ask to speak to a VA representative at 1-800-827-1000.

What happens at VA disability appeal hearing?

To start, the Veterans Law Judge will ask you to take an oath that you'll tell the truth during the hearing. You'll then: Tell the judge why you think you qualify for the VA benefits in your claim. Answer any questions the judge may have about your appeal.

What percentage of VA remands are approved?

Fiscal Year 2018: Board of Veterans' Appeals Approval Rate 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. Within the 85,288 decisions completed in FY 2018, VA decided on a total of 253,450 issues.

What happens when a VA appeal is granted?

Set up direct deposit: When a Veteran wins an appeal, the VA will send an award packet. The Veteran can then sign up for a direct deposit for their benefits. If a Veteran does not set up direct deposit, the VA will send monthly paper checks to the Veteran's last known address.

What percentage of VA claims get denied?

The Veteran Affairs website reports that 75 percent of all initial applications for VA benefits are denied. These applications are often denied because they have incomplete information or lack necessary documentation. Other reasons for denial include: Not enough evidence to support your disability.

What percent of VA disability claims are approved?

35.75 percentPercentage of Vets Claims Approved The number of veterans claims approved in 2018 was around 35.75 percent. In that 35.75% , 19.61% were approved with zero remand issues, and 16.14% were allowed with at least one remand issue. If 2018 is any indication, less than half of service member's disability claims are approved.

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.

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. 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.

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 to choose a VA lawyer?

Make sure you choose a lawyer who is VA accredited. 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

How much is VA disability retroactive?

For example, say you filed a disability claim on Jan. 1, 2016 but were denied. On Jan. 1, 2017 you hired a lawyer and signed a contract for a 20 percent contingency fee. On Jan. 1, 2018, the VA granted you a 100% disability rating retroactive to the original date of filing (Jan. 1, 2016). The retroactive amount is the 100% monthly payment for the period between Jan. 1, 2016, and Jan. 1, 2018 (two years), which is approximately $80,000.

How Much Will A Lawyer Charge You?

How much a lawyer can charge for service varies, but attorneys are permitted by law to charge between 20% and 33% for handling an appeal. These fees will be paid to the attorney only if they win the appeal and you are awarded benefits or have your benefits increased. Typically these fees will be paid directly out of the any lump-sum payment you get from the VA.

Do lawyers get paid if they win?

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.

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.

Is there legal assistance for veterans?

If you are hesitant about paying out a lot of cash for a lawyer, you should know that free , or pro-bono, legal assistance is widely available to help veterans.

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 ...