when to hire an attorney for va benefits

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.

Full Answer

Should I hire a lawyer to help with my VA 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.

When do you need an attorney for a VA disability case?

Apr 23, 2013 · You should consult a lawyer if you have applied for disability benefits and received a denial letter and intend to file an appeal or you need a discharge upgrade to qualify for VA benefits. What to Ask an Attorney. It's important to have an attorney who is competent in VA matters and who will fully represent your interests.

What do I need to know before hiring a VA lawyer?

Oct 22, 2018 · 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 …

Can I hire a veteran’s disability lawyer?

Dec 11, 2019 · 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. The Government Regulates How Much Attorneys Can Charge …

Is it worth appealing a VA disability claim?

While it may be tempting to give up, it is always worth it to file an appeal in your benefits case. After all, you are granted up to one year from the date your regional office (RO) sends you its decision to file for an appeal, so there is no harm in asking the VA to take a second look at your claim.

What percentage of VA disability claims are denied?

The VA denies around 30% of disability claims each year. It can be frustrating to learn that your claim for VA compensation was denied. You may feel like you did everything they asked of you and provided all the evidence necessary to get the disability compensation you deserve.Nov 23, 2020

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

Who can help me get my VA benefits?

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.Apr 20, 2021

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

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

How hard is it to win a VA appeal?

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. ... 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.Aug 1, 2019

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

Do you get back pay for VA disability appeal?

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. ... You must navigate the VA claim process and wait for a decision.

Do veterans get paid for life?

The VA Pension for Veterans programs is a benefit paid to wartime Veterans who have limited or no income, and who are age 65 or older, or, under 65, and are permanently and totally disabled, or, a patient in a nursing home, or, are receiving Social Security disability payments.

Can the VA take away your disability?

The U.S. Department of Veterans Affairs (VA) can take away your disability rating if it determines you received your rating fraudulently, or if it determines it made a “clear and unmistakable error” when issuing your rating.

Will VA disability benefits go up in 2021?

2021 VA disability pay rates, which are effective beginning December 1, 2020, have increased by 1.3% based on the latest cost-of-living adjustment (COLA).

When You Need An Attorney

You often do not need an attorney when you are first applying for VA benefits. You can rely on an agent of a veterans service organization to assis...

How to Find A Veterans Disability Attorney

There are many lawyers who specialize in disability law, but it is important to locate an attorney who has expertise in veterans disability law. Th...

How Much Will Do Veterans Disability Attorneys Cost?

How much a lawyer can charge for service depends on whether you need help appealing a denial or getting a discharge upgrade.

What About Pro Bono Attorneys?

The National Veterans Legal Services Program (NVLSP) provides free legal assistance to veterans appealing a denial of disability benefits to the U....

Will It Cost Me to Talk to A VA Disability Compensation Lawyer About My Case?

No. Woods & Woods offers free VA disability compensation claim evaluations to any veteran or family member of a veteran that needs help. There is n...

Can I Afford A VA Disability Compensation Lawyer?

Yes! Many veterans incorrectly believe they cannot afford a VA disability compensation lawyer. Read below and understand the costs in hiring a VA d...

Why Hire A VA Disability Compensation Lawyer?

Some veterans fight the Veterans Administration for decades. Others hire a qualified VA disability compensation lawyer. You wouldn’t represent your...

We Have Helped Thousands of Disabled Veterans.

Since 1985, Woods & Woods law firm has helped injured and disabled people. Our veterans disability benefits lawyers have helped thousands of vetera...

You only Pay Your VA Disability Compensation Lawyer If You Win!

Our law firm never charges a penny unless you win. The fee for getting your VA disability benefits is a percentage of your back pay and case expens...

Get Free Advice on Your VA Disability Compensation Claim.

If you have questions about VA disability compensation benefits, you can always call Woods & Woods. We will help guide you through the complex VA s...

Our VA Disability Compensation Lawyers Are Experienced.

The VA disability compensation lawyers at Woods and Woods have years of experience. Some of our veterans disability benefits lawyers even teach VA...

Get A VA Disability Compensation Lawyer That Will Fight For you.

Too many veterans are denied VA disability benefits. The Veterans Administration makes lots of mistakes and denies legitimate claims all the time....

What is the Nvlsp?

National Advocacy Organizations. The National Veterans Legal Services Program (NVLSP) provides free legal assistance to veterans appealing a denial of disability benefits to the U.S. Court of Appeals for Veterans Claims. Call NVLSP at (202) 265-8305 or email them at [email protected].

How much do VA attorneys charge for appeals?

Attorneys are permitted by law to charge between 20% and 33 ½% for handling an appeal, but cannot charge more than 33%. These fees will be paid to the attorney only if the veteran wins the appeal and the veteran is awarded benefits. Typically these fees will be paid directly out of the veteran's lump sum payment from the VA.

Can an attorney charge for discharge upgrades?

Attorneys are permitted to set their own fees for discharge upgrades and to charge these fees up front, meaning before they begin work on the case. The amount that attorneys charge for upgrades varies; it will be necessary to contact attorneys to find out what they charge.

What is Outserve SLDN?

Outserve SLDN helps with discharge upgrades and military records corrections for gay, lesbian, and transgender veterans impacted by bans on serving openly in the military. They provide other legal assistance as well, to both active service members and veterans.

Does law school offer free legal assistance?

Law School Clinics. Some law schools offer veterans free legal assistance from law students who are supervised by attorneys and/or paralegals. Check if a law school in your area has a free legal clinic for veterans.

What is the American Bar Association's Veterans Directory?

Use the American Bar Association's veterans directory of programs to find other local programs providing legal assistance to veterans with disability benefits, discharge upgrades, and a variety of other legal problems.

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.

Pre-2007: It was David vs Goliath. Really

Until 2007, veterans were effectively denied by law access to qualified attorneys to represent them prior to exhausting all their administrative appeals.

2007: Congress Changes the Law and Veterans Can Hire Attorneys

At the urging of veterans and veteran’s advocacy groups, the law preventing vets from hiring experienced attorneys was changed in 2007. 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.

The Government Regulates How Much Attorneys Can Charge Veterans

It is important to note that attorneys can’t just charge anything they please in representing veterans. All attorney fees must be approved by the VA. Attorneys usually agree to charge a 20% contingency fee on a veteran’s back due benefits. What it really means is that the attorney agrees to work for free unless and until the case can be won.

When Command of Complex Veterans Law Is Needed

Straightforward claims are one thing. They are VSO territory. Similarly, there will always be multidimensional and difficult claims that need an experienced attorney’s representation.

Is a VA Accredited Attorney Worth It?

Most veterans are justifiably frustrated and angry at a VA system that seems to only let them down. David must sling rocks at Goliath’s bureaucracy over and over again. It is easy to blame attorneys who appear in some way to be part of this problem.

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 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 ...

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.

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.

Can widows receive DIC benefits?

Widows and widowers of deceased veterans may also be entitled to payments based on a disability of their spouse. The VA law provides for a monthly payment, known as DIC benefits, where a service connected condition contributed to the death of the veteran or where the veteran was totally disabled because of a service connected condition for a certain period of time before the death.

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.