why can't an attorney represent me when i file a claim with va

The most common reasons for these denials include the following:

Full Answer

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

Of course that's a personal choice, but before you go and hire a lawyer to help with your VA claim, there are a few things to know. 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.

How do I find a lawyer for a VA case?

You can use the National Organization of Veterans Advocates (NOVA) website for help in finding a lawyer. NOVA has an online directory of attorneys (and non-attorney agents) who have been accredited by the VA as well as many attorneys who are admitted to practice before the U.S. Court of Veterans Appeals.

What kind of lawyer do I need to represent a veteran?

Veterans law attorneys work at the federal level so as long as they are certified by VA to represent veterans, you can choose any lawyer. You may never meet your lawyer face to face.

What questions should I ask when hiring a VA lawyer?

It’s important to find a lawyer who knows about VA claims and will represent your interests. Here are some questions to ask any attorney you're considering hiring. Are you VA-accredited?

Who can help with VA appeals?

How many days do you have to file a pre discharge claim?

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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.

How long does the VA have to make a decision on a claim?

90 to 120 calendar daysThe VA publishes its claims processing timelines, and in general, you can expect to receive a VA rating decision within 90 to 120 calendar days (3-4 months) from beginning to end. However, VA disability claim decision timelines can vary drastically—from just a few days to two years or more.

Do most VA claims get 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.

Why would VA benefits be denied?

Some of the reasons why the VA may reject a claim for benefits include: Failure to prove that the disabling condition resulted from an injury during active duty. Failure to prove that the disabling condition began during active duty. Failure to prove that the disabling condition is related to military service.

What percent of VA claims are approved?

Percentage 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 far back will the VA pay back pay?

within 3 monthsThe VA usually issues the back pay check within 3 months after the claim is finalized.

What percentage of VA disability claims are 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 is the easiest VA disability to claim?

TinnitusThe #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.

What is the most approved VA disability?

A 100% VA Disability Rating is the highest combined rating a veteran can receive for VA Disability. It is also known as a Total Rating.

How do you prove anxiety is service connected?

When proving a service connection, you'll need records from around the time you first noticed the condition. These records can include statements from friends and family, reports of any counseling appointments you made, and information on your employment status.

Can I file a VA claim without a diagnosis?

However, VA often overlooks the fact that you do not technically need to have a formal diagnosis. While it is certainly an easier path to service connection if you do have a diagnosis, the law states that you do not need one to be eligible for service-connected compensation.

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.

How long does a VA remanded appeal take 2022?

In reality, it can take anywhere from 3 to 12 months before a new decision on a VA remand is issued. If a veteran's appeal is returned to the Board again it usually takes several months to be reviewed, depending on the current backlog at the Board.

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.

Check Your VA Claim Or Appeal Status | Veterans Affairs

You can use this tool to check the status of a VA claim or appeal for compensation. Track your: Disability compensation (including claims based on special needs like an automobile or clothing allowance)

Looking for the Best VA Disability Claim Help? Here's 3 Ways to Get ...

In this post, veterans will learn 3 Ways to Get VA Disability Claim Help, along with some of the top organizations that can assist veterans with their VA disability compensation claims. Let’s face it: Navigating the VA claim process on your own can be confusing, frustrating, and overwhelming

How To File A VA Disability Claim | Veterans Affairs

You can also file a disability claim: By mail. File your claim by mail using an Application for Disability Compensation and Related Compensation Benefits (VA Form 21-526EZ).

DAV.org : FIND DAV Local Offices and VA Assistance for Veterans.

Your Local DAV National Service Officer (NSO) will help you file a VA claim. - All services provided by DAV NSOs are free of charge.

Who can help with VA appeals?

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. VSOs work on behalf of Veterans and service members—as well as their dependents and survivors. Find out more about accredited representatives and how they can help you.

How many days do you have to file a pre discharge claim?

Pre-discharge claim. If you have 90 to 180 days left on active duty, find out how to file a disability claim through the Benefits Delivery at Discharge (BDD) program to get your benefits sooner.

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 ...

Why aren't attorneys taking my case?

They are not taking your case perhaps because they have estimated that the odds of you winning don't justify either the amount they will make or the investment in time and money to pursue it, for them. Or for reasons not to do with your case itself...

How long do you have to file a personal injury claim?

Consult with a personal injury lawyer asap. you have 2 years from date of accident to make a claim, so time is of the essence. The lawyer should be able to help you determine if you satisfy the threshold. Look for a member of NJAJ, an organization devoted to helping injured persons., and good luck...

Is the verbal threshold in New Jersey insurmountable?

It's possible you would have a case. Verbal threshold in New Jersey is tough but not insurmountable. You can use AVVO's find a lawyer tool for help.

What happens after I file my VA disability claim?

You don’t need to do anything while you’re waiting unless we send you a letter asking for more information. If we schedule exams for you, be sure not to miss them.

How to apply for VA disability?

How do I prepare before starting my application? 1 Find out if you’re eligible for VA disability compensation 2 Gather any evidence (supporting documents) you’ll submit yourself when you file your VA disability claim. 3 Be sure your claim is filled out completely and you have all the supporting documents ready to send in along with your claim. This will help us process your claim quickly.#N#Learn about fully developed claims 4 Find out if you’ll need to turn in any additional forms with your claim

Where to bring VA application?

Bring your application to a VA regional office near you.

Can you gather supporting documents yourself?

Depending on the type of claim you file, you may gather supporting documents yourself, or you can ask for our help to gather evidence.

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.

Who can help with VA appeals?

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. VSOs work on behalf of Veterans and service members—as well as their dependents and survivors. Find out more about accredited representatives and how they can help you.

How many days do you have to file a pre discharge claim?

Pre-discharge claim. If you have 90 to 180 days left on active duty, find out how to file a disability claim through the Benefits Delivery at Discharge (BDD) program to get your benefits sooner.