when should tou hire attorney in va disability appeal

by Prof. Royal Bahringer Published 2 years ago Updated 1 year ago 8 min read

First, the only reason to hire an attorney is if you believe that they can help you get a better result from the VA on a disability claim that has been denied, or not rated high enough for your liking. That's it. There is no other good reason.Oct 22, 2018

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 percentage of VA disability appeals are approved?

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. Specifically, out of 85,288 decisions issued, 30,492 were allowed, or granted.Aug 1, 2019

How long does it take for a VA appeal to be appealed?

From the time a veteran files his formal appeal (Form 9) until the VA certifies the case to the Board, the average wait time is 609 days. And then the veteran can expect another 212 days, on average, for the Board to make a decision.

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.

How long does a VA appeal take 2021?

The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal.Mar 26, 2021

How many times can you appeal VA disability?

How many times can you appeal a VA Disability Decision? With any luck, you will not need to appeal a VA disability claim decision more than once. The reality is that there is no absolute number of times you can appeal. The first step of an appeal is to choose one of three types of appeal.Mar 24, 2022

How do I know if I won my VA appeal?

You can call us at 800-827-1000.Jun 9, 2021

How far back does VA back pay go?

If we review your claim—or you request a review—more than one year after the law or regulation changed, the effective date may be up to one year before the date we got your request or the date we decided to pay benefits on your claim.May 1, 2020

How far back does VA disability back pay go?

This is within the 1-year mark, so his date of eligibility for VA Disability Back Pay is his date of separation. 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.

What to do when the VA denies your claim?

VA Claim Denied: What to Do Next

Option #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.

What does currently on appeal mean for VA disability?

When you appeal a decision to the BVA, it reviews your case de novo. This means the Board gives your claim and the evidence you submit a fresh look. The Board of Veterans' Appeals has jurisdiction over all matters pertaining to benefits administered by VA and individuals receiving or applying for them.

What to expect at a VA appeals 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.Nov 16, 2021

Should I Hire an Attorney?

If you have received a denial from the VA, it might be time to contact an attorney. If you have filed claims in the past and need to reopen those claims, an attorney may also be helpful at that point, particularly if you need to appeal your claims to the Board of Veterans’ Appeals (BVA) or the Court of Appeals for Veterans Claims (CAVC).

Will an Attorney Make My Claims Go Faster?

In some instances, yes, in others, no. There are things an attorney can do that may expedite a claim on appeal, but it you just want to request that the VA expedite a claim, your service officer should be able to do it for you.

Then What Can an Attorney Do for Me?

Although the VA disability compensation system is supposed to be veteran-friendly, the reality is that the rules and regulations governing the claims process can be confusing for everyone involved.

How much does a VA lawyer charge for an appeal?

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.

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.

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.

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 ...

How long does it take to get a VA disability appeal?

One of the most challenging parts of a VA disability appeal is the time it takes for a decision. On average, an appeal takes about one year from the date you file to receive an answer. In some cases, the complete process can take years, particularly when going through multiple rounds of appeals for multiple injuries.

What is the VA error in appeal?

Many appeals are based on VA errors. One possible error involves the VA failing to send a veteran notification of required evidence, as veterans who did not receive these notices can claim this failure damaged their claim.

Why do veterans take their disability rating?

The higher your rating, the more compensation you receive, but many Veterans simply take their initial rating because of horror stories from friends of long appeals processes. Although you may at first worry that it’s not worth fighting to increase your rating, we have never had a client regret fighting for a more accurate rating.

What is a VA rating system?

However, the system allows human error throughout, both at the VA and with other medical records or service records. Your initial rating may not even be considered right by the first person who sees it, but a missing form or misfiled piece of evidence can be holding them back. A quick review might entitle you to more money every month, and if you followed deadlines you should be entitled to receive backpay for the difference caused by their initial rating.

What is Berry Law?

Berry Law uniquely combines decades of VA law, a team full of Veterans, and centuries of combined attorney experience. Many law firms only began accepting Veterans appeals after 2007 when a change in the law allowed them to get more money. These are often Social Security lawyers who saw it as an extension of their practice, rather than a situation unique to Veterans.

How to increase your chances of a successful VA appeal?

One way to increase your chances of a successful appeal is by hiring an appeal VA disability lawyer. Your VA attorney goes over your file and ensures that all relevant details from your military service, your medical history, and current medical science are included to increases the chances of successful appeal, full disability compensation, and an improved rating.

What can a lawyer do for a veteran?

Our lawyers can help you obtain many kinds of new evidence, including medical expert testimony and “buddy statements” from other veterans you served with. Your appeal should also be sure to include all possible secondary service-connected conditions.

What is the VA disability number?

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

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.

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.

What can a veteran's disability attorney do?

There are things a veterans disability attorney can do – like try to negotiate a Joint Remand – that will give the Veteran more opportunities to prevail before the VA with the benefit of their earlier effective date.

What can a VA lawyer do?

A VA Benefits lawyer can help a Veteran stay focused on the issues and relief the Veteran seeks – and deserves.

What is the law that allows VA benefits lawyers to get reimbursed?

The VA Benefits Lawyer who prevails for a Veteran before the CAVC typically get their fees reimbursed by the VA – if and only if they substantially prevail – under a law known as “EAJA ” – Equal Access to Justice Act.

Do veterans get an attorney?

There is no absolute “yes” or “no” answer to this question. Most Veterans will benefit from having an attorney represent them at the Veterans Court – also referred to as the Court of Appeals for Veterans Claims or the CAVC. Let’s talk about 3 of those benefits.

Do VA disability attorneys live and die?

VA Disability Attorneys are used to this – we live and die by deadlines and calendars.

Do you have to pay out of pocket for a VA lawyer?

1) Typically, there is no “up-front” cost to hire a VA Benefits Lawyer at the Veterans Court. The Veteran should never have to pay “out of pocket” for a VA Benefits Lawyer to represent them at the Court of Appeals for Veterans Claims.

Is a third party better for veterans?

It may be a bit harsh, but to an extent, a third-party is almost always able to advocate better for the Veteran.