4 Facts Every Veteran Should Know About Seeking Legal Assistance for Disability Claims

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Making a disability claim if you’re a veteran is not something you should approach solo, and a good lawyer will be able to support you throughout this process.

If you’ve never sought legal counsel before, it’s normal to find the thought of doing so at least a little intimidating – so here are a few main talking points to demystify what’s involved.

Identifying the Right Expertise in Legal Representation

When it comes to handling your veterans’ disability claims, the type of legal expertise you choose can significantly impact the outcome. Given that 5.3 million veterans – equivalent to 30% of those who have served – are registered as having a disability acquired in the line of duty, this is relevant for a significant number of people.

Here are key factors to consider when selecting a lawyer:

• VA Accreditation: Ensure that you hire a VA-accredited lawyer, rather than one that doesn’t have the seal of approval from the Department of Veterans Affairs. This accreditation means they have been formally recognized by the VA as being capable of assisting claimants with their applications and appeals.
• Specialization in Disability Law: Look for an attorney who specializes in disability law and has substantial experience dealing with veteran’s disability claims. The nuances of these cases require specialized knowledge that not all lawyers possess.
• Track Record of Success: Research potential lawyers or firms to learn about their success rates with similar cases. Reviews and testimonials can provide valuable insights into others’ experiences.

Exploring Eligibility Assessments

You need to check that you are eligible to make a claim before proceeding any further. A veteran’s disability attorney can provide an in-depth assessment to determine if you meet the necessary criteria, which include:

• Service Connection: Your lawyer will help establish a service connection, showing that your disability resulted from or was aggravated during your military service.
• Medical Evidence: Collecting and presenting strong medical evidence is essential. Your attorney will guide you on which medical records are needed and how to obtain documentation that supports your claim.
• Degree of Disability: The VA rates disabilities on a scale from 0% to 100%, with increments of 10%. Your lawyer will explain how this rating is calculated and what it means for your potential benefits.
• Prior Denials: If you’ve previously been denied benefits, your lawyer can review those decisions to determine the best course of action for reassessment or reapplication.

Completing the Claims Filing Process

Once your eligibility is confirmed, filing your disability claim is what comes next. A VA-accredited attorney will be instrumental during this phase by streamlining the process and avoiding common pitfalls. They’ll carry out the following in conjunction with you:

• Accurate Form Completion: Your attorney ensures that all forms are filled out accurately, clearly, and completely. Mistakes or omissions can delay processing times or result in denials – and given that on average it takes up to 150 days for a claim to be processed, you really don’t want to prolong this – as it might throw your budget into disarray.
• Evidence Organization: Gathering and organizing evidence can be complex. Your lawyer will help you assemble a compelling case by aligning your medical records, service documents, and any other relevant evidence in a clear and effective manner.
• Submission Procedures: Different claims might require different submission procedures. Your lawyer knows the most efficient ways to submit your claim, whether online, via mail, or through other means.
• Follow-Up: Post-submission, there may be requests for additional information or documentation. Your attorney stays on top of these requests to ensure that they are addressed promptly and correctly.

Dealing with the Appeals Process

Should your initial claim face rejection, you’ll be able to place an appeal to dispute and ideally overturn it. Here’s how a VA-accredited attorney can turn a denial into an opportunity for reevaluation:

• Initial Review: Your attorney will first examine the reasons for denial, looking at any gaps or errors in your initial application or the VA’s assessment.
• Filing a Notice of Disagreement (NOD): If appealing is deemed appropriate, your lawyer will prepare and file an NOD. This document officially begins the appeals process.
• Evidence Reinforcement: During the appeal, additional evidence can be crucial. Your lawyer might gather more medical evidence or expert testimonials to strengthen your case.
• Hearing Representation: If your appeal leads to a hearing, having experienced legal representation is invaluable. Your attorney will present your case effectively, advocating on your behalf before the decision board. That way, you can focus on finding yourself following a physical injury.

The Bottom Line

So long as you pick a VA-backed attorney, your ability to file a successful disability claim as a veteran will be greatly enhanced. The last point to note is that reputable lawyers will also have transparent fee structures – so be sure that you’re up to speed with what acquiring their services will cost before you commit to them.