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The thought of approaching a VA disability claim on your own might seem daunting. There are many aspects of the claims process that can be complicated, from gathering medical evidence to proving a service connection. Unfortunately, even legitimate claims can face delays, low ratings, or even denials based on minor errors in the application.
For disabled veterans, these obstacles can feel overwhelming, especially when dealing with the physical and emotional toll of service-related injuries. This is where a skilled veterans disability lawyer can make a significant difference. However, keep in mind that many private attorneys will only assist at a specific point during your case.
Continue reading to learn more about your options.
You Can File Your Initial Claim Yourself
Your first instinct before pursuing disability benefits through the VA is to reach out to an attorney to handle the process for you. However, your best option may be to pursue your claim on your own. You might be surprised to learn that federal law prohibits lawyers from charging a fee to assist with a disability claim, which means you’ll likely struggle to find legal counsel able to help at this stage.
While many veterans file their own claims, free resources are often available as well. Veteran service organizations might be able to assist with the process of filing the disability claim.
The Right Time to Hire a Veteran Disability Lawyer
An attorney may not be in a position to help with your initial claim, but federal law allows them to charge for their services after the VA has made a decision. Sometimes, legal aid clinics may employ attorneys who can assist with the initial claims process. Otherwise, the best time to hire legal counsel is following the denial of the initial disability claim or if you believe the awarded rating is too low.
Hiring an Attorney After a Denied Claim
Unless working with a legal aid clinic or non-profit organization that can assist with the initial claims process, the best time to hire a private attorney for a VA claim is immediately after receiving a denial letter. While things might feel hopeless in this scenario, many people are ultimately able to get the benefits they need throughout the appellate process. Hiring an attorney as soon as possible is crucial, as it takes time to build a winning appeal.
Hiring a Veteran Disability Lawyer After a Low VA Rating
While many might think of denied claims–such as a denial of service connection–when it comes to an appeal, the reality is that you can also appeal the rating and/or effective date VA assigns to your disability(ies).
The monthly benefits you receive through the VA can vary dramatically depending on your rating. For example, a 100 percent VA disability rating will pay the maximum amount available, which is far more than even a 70 percent rating.
Having an attorney could help strengthen your case and establish that your disability is as bad as your claim. Because you have received a rating, that generally means the VA agrees your condition is service-connected. This allows your lawyer to focus on proving the extent of your disability.
How an Attorney Can Help
The timing of hiring an attorney to help with your VA disability claim is important. So is understanding what they can do for you in the first place. The right legal counsel could help you with your VA disability appeals.
Experience with VA Laws and Regulations
One of the most important reasons to hire legal counsel is the knowledge and experience they bring to the table. The laws and regulations that govern the disability claims process are complex and difficult to follow, especially for anyone unfamiliar with the process. Our attorneys understand how the VA evaluates claims, the specific evidence relied on, and how legal precedent applies to your case.
Developing Strong Evidence
Building a compelling case often requires gathering substantial evidence, including medical records, service records, and expert opinions. A lawyer can not only compile all of this evidence but also put it to good use as part of your appeal.
Secure a VA Nexus Letter
Nexus letters are often the best tool for establishing a link between your disability and your military service. They are authored by doctors or other medical professionals and use a mix of your records and scholarly journals to make the nexus connection. In order for a letter to have any weight, it must conclude that it is as likely as not that your disability resulted from your service.
As important as these nexus letters are, the reality is they are not always easy to find. Many doctors refuse to prepare them, or the letters provided are not sufficient for VA adjudication purposes, so having legal counsel who can assist in this process is invaluable.
Assistance with Appeals
If your claim has been denied or your disability rating is too low, a lawyer can guide you through the appeals process. This includes filing a Notice of Disagreement (NOD), preparing for a hearing before the Board of Veterans’ Appeals, or escalating your case to higher courts if necessary. Their experience can help you avoid common mistakes that could delay your appeal or jeopardize your case.
Reduced Emotional Stress
The claims process can be emotionally draining, especially when dealing with the physical and mental toll of your disability. A lawyer can take on the burden of handling complex paperwork, strict deadlines, and negotiations with the VA, allowing you to focus on your recovery and well-being.
Talk to a Veteran Disability Lawyer at Gang & Associates Today
Ultimately, the right time to seek help from an attorney is after you receive a decision from the VA on your disability claim. A denial letter is not the end of this story, as you have the chance to appeal the decision. You could even secure a more favorable outcome if you appeal a low rating.
While success is never guaranteed, a veteran disability lawyer at Gang & Associates will put in the work to help you get a 100 percent VA disability rating. Contact us today to learn more.