So you’re ready to file your claim for VA disability, which is the entitlement of every eligible veteran who served on active duty in the U.S. military. If you are still on active service and your separation date is within 180 to 90 days, you may be eligible for the Benefits Delivery at Discharge (BDD) program. This program aims to deliver a VA decision within 30 days of your military separation date. Otherwise, if you are a veteran, you are entitled to file a post service VA disability claim for a service-connected disability at any time. VA benefits can offer financial and medical assistance and other important benefits to improve your overall well-being.
Three Types of VA-Accredited Representatives: Veterans Service Organization (VSO) Representatives, Attorneys and Claims Agents
Although you may file your VA disability claim on your own by mail, in person, by fax, or online through the VA portal, your best course of action is to obtain the assistance of an accredited VA representative. The VA accredits three types of representatives: Veterans Service Organization (VSO) representatives, attorneys, and claims agents through a VA Accreditation Program. The VA’s Office of General Counsel (OGC) must make specific determinations about each applicant to ensure they meet particular accreditation requirements for their category. The OGC provides a comprehensive list of VA-recognized VSOs and their accredited representatives, VA-accredited attorneys, and VA-accredited claims agents who are authorized to assist in preparing, presenting, and prosecuting VA benefits claims. These are the only individuals by law who are authorized to assist you with your claim.
Requirements for VA-Accredited Representatives
VA-recognized VSOs might be nonprofit veterans’ associations or state, county, tribal, or local governments. The VSOs train individuals and submit their names to the OGC for accreditation. They must pass a VA accreditation exam based on Title 38 of the United States Code (USC) and Title 38 of the Code of Federal Regulations (CFR), a background check, and take continuing education courses.
To become a VA-accredited claims agent (a non-attorney), an individual must submit an application to the VA and pass the VA accreditation exam and a background check. An attorney must also apply to the VA and be in good standing with their state bar. Both VA-accredited claims agents and attorneys must also take continuing education courses to stay abreast of current VA disability rules and regulations.
Unfortunately, there are several non-accredited individuals out there who solicit veterans to hire them to assist in the VA claims process. To represent a veteran in the claims process, the VA must accredit these individuals; otherwise, they are in violation of the law. The only thing non-accredited individuals are allowed to do is to provide general education on VA benefits.
Veteran Service Organization (VSO) Assistance for Your Initial Claim
VA-accredited VSO representatives are the ones who usually assist claimants with their initial VA disability claim. They can help you gather all the medical and other supporting evidence needed to file your claim, including submission of a Fully Developed Claim (FDC). They can also communicate with the VA about your particular claim and correspond with the VA about your claim on your behalf. Their representation is absolutely free of charge to the veteran. In fact, no VA-accredited representative may charge a fee (direct or indirect) to assist the veteran in filing their initial disability claim. VSO representatives may never charge the client at any stage of the claims process.
Assistance for Your Appeal – Attorney or Claims Agent
VSOs can also assist you in filing an appeal with the VA. You may also appeal a VA disability decision on your own using the same methods as filing the original claim. However, VA-accredited attorneys and claims agents are usually the ones who assist veterans after the VA has issued its initial claims decision, and the veteran did not receive a favorable decision, e.g., a denied claim or assigned a low disability rating. This is the first stage when these individuals can charge fees for their representation. By law, these individuals may only charge a fee after the VA makes an initial rating decision on a disability claim. The next stage, which the VA revamped in the last several years, is now called the decision review process since the Veterans Appeals and Improvement Modernization Act of 2017 was signed into law and implemented in 2019. The Appeals Modernization Act offers you several options to appeal your decision: filing a supplemental claim, requesting a higher-level review, or appealing to the Board of Veterans’ Appeals (BVA). This revised process can be pretty complex and confusing for the layperson.
VA Processing Time for VA Disability Claim
After filing your claim, it is essentially a waiting game for a decision. The VA estimates it takes an average of 158.4 days to complete a disability-rated claim. Of course, the time it takes the VA to review your claim depends on the type of claim you filed, how many disabilities you claimed, and how long it takes them to collect the evidence they need to decide your claim. The VA has a duty to assist, which means they must make a reasonable effort to help you gather evidence (VA medical records, military service records, other types of federal records, private medical records) to support your claim for VA benefits. If you appeal a claim, the VA usually takes one year to 18 months to issue a decision, whereas the BVA decision process will take much longer.
Tips to Select the Best VA-Accredited Representative For Your Case
If you have decided it is in your best interests to hire an attorney or claims agent, you need to verify that they have been accredited by the VA, find out when they were accredited, and how long they have been providing VA claims assistance. Find out what type of training they have had, what kinds of VA claims they have handled, their experience with your particular type of claim, and their success rate. You want to hire an attorney or claims agent with the most years of experience and the greatest expertise in handling claims appeals and other post-claim processes, especially for your type of claim, to have the best chance of winning your case. You also want to find out what fees they will charge you. Most standard fee agreements specify that you will not owe any fees unless you win your case. Attorney and claims agent fees are regulated by 38 CFR § 14.636. A reasonable fee is between 20 percent and 33.33 percent of any awarded past-due benefits you may win. This is why you need to ensure the VA has accredited the attorney or claims agent you hire. Those nonaccredited individuals who try to solicit your business often overcharge you for their illegal services.
Contact Us at Gang & Associates
At Gang & Associates, and you will see that we have been recognized in the media as one of the nation’s top veteran disability law firms. We have decades of experience in handling all types of VA disability cases. We focus only on veterans disability law and have assembled a specialized team of highly proficient professionals, including an on-staff medical doctor, trained mental health providers, and military veterans. Our ultimate goal is to get you the rating your particular case and circumstances deserve up to 100 percent VA disability.
Contact us today at 888-878-9350 to arrange a free consultation for your case. We represent veterans in all 50 states and worldwide. Leave it to our award-winning professionals to get you the best results possible in your case.