Do I Need to Hire a VA Benefits Lawyer?

Veterans who want to challenge a VA decision should consider hiring a VA benefits lawyer to advocate for them.

Summary

• Veterans who are dissatisfied with a VA decision may benefit from hiring a VA benefits lawyer to represent them in the appeals process.
• Cases where hiring a VA benefits lawyer may be necessary include when a claim was unfairly denied, the VA made an obvious error, or a veteran needs an extra-schedular evaluation for an extreme presentation of a service-related condition.
• VA-accredited attorneys offer valuable services, like expert knowledge of the VA appeals process and collecting evidence, that can help veterans pursuing an appeal for disability benefits.
• It’s important to choose a VA benefits lawyer with relevant experience, accreditation, high client satisfaction, and a history of successful appeals.

Many veterans disability claims aren’t straightforward, which can result in the VA denying a valid claim or offering insufficient benefits to match a veteran’s needs. If you are having issues securing the disability benefits you are entitled to for a service-related illness or injury, your best option is often to hire a VA benefits lawyer. 

At VetLaw, we recognize that no two veterans disability benefits claims are the same and we approach each one with the individualized attention it deserves. Our team has been instrumental in helping veterans across the country appeal for the VA disability benefits their conditions warranted.

Don’t hesitate to reach out to us by calling (855) 670-0614 or completing our contact form today. You can schedule a free consultation with our team to learn more about our process.

Reasons to Hire a VA Benefits Lawyer

Keep in mind VA disability benefits attorneys provide legal support after you file your original claim and receive a decision. You’ll need to make the initial attempt yourself, although you can collaborate with a Veterans Service Organization (VSO) representative for free. 

If you are unsure if you should hire a VA benefits lawyer, make sure the following apply: you already have a decision from the VA about your disability benefits and you want to dispute it. There are many circumstances where a VA benefits lawyer’s expertise can be useful. 

The following are examples of situations where you would likely need to hire a VA benefits lawyer to get the best results:

1. You Need Help Determining How to Move Forward with Your VA Disability Claim

• You don’t understand the basis for why the VA denied your veterans disability claim.
• You don’t know what to do after a VA denial.

2. You are Facing Logistical Challenges Trying to File an Appeal

• Your health issues make it physically or mentally difficult to complete the VA appeals process on your own.
• You are considering pursuing an appeal with the Board of Veterans’ Appeals or the Court of Appeals for Veterans Claims.

3. The Military or the VA Made a Mistake With Your Veterans Disability Case

• You believe your Character of Discharge is unjustified and it is preventing you from accessing VA disability benefits.
• You think the VA made a Clear and Unmistakable Error that negatively impacts your benefits.

4. Your Service-Related Disability is Unusual or Has Caused Additional Health Issues

• Your service-related condition has a rare presentation and you want to appeal for an extra-schedular rating.
• You have developed medical complications from a service-related disability and you want to appeal your current rating based on your Secondary Condition.

5. The VA Has Updated a Regulation or Process That Could Impact Your Disability Benefits Claim

• You filed a Military Sexual Trauma claim before 2019 and were denied.
• You believe you are eligible for benefits based on a new VA disability rating schedule, such as the recently updated criteria for digestive conditions

What a VA-Accredited Attorney Can Contribute to Your Veterans Disability Benefits Claim

For many veterans and their families, VA disability compensation is crucial to the financial stability of their household. At VetLaw, we understand that trusting a VA benefits lawyer with your case is a lot to ask, and we do not take your faith in us for granted.

These are just a few things that our team can bring to the table in a VA disability claim appeal:

1. Expertise

Results-Based Recommendations: Our team of VA benefits lawyers has proven ourselves to our clients time and again over the last decade. We are focused on ensuring you receive the full VA disability benefits you are owed.

Our veterans disability benefits attorneys can help you avoid common mistakes, present a strong claim, and operate strategically. The advice we provide is rooted in our experience and tailored to your case.

2. Resources

Administrative Support: A VA disability claim often requires compiling, verifying, and submitting a considerable amount of documentation based on the VA’s schedule. This may include a medical nexus letter from a specialist, years of service records, or buddy letters, to name a few examples.

Tracking down these types of documentation can require considerable time and effort. Additionally, the VA maintains filing deadlines that veterans must observe to continue with their appeals. VetLaw has the resources to take on this responsibility for you. 

3. Skill

Experience With a Range of VA Claims: 

At VetLaw, you can work with a VA benefits lawyer who has managed physical condition VA claims for acute injuries, chronic illnesses, and other types of medical issues. Additionally, our team has considerable experience advocating for VA disability benefits for vets with mental health disorders, which often entail their own obstacles.

Not only are we familiar with the unique challenges of various service-connected disability claims, but we have also handled VA appeals that required judicial oversight. Our VA benefits lawyers have effectively represented clients in front of the Board of Veterans’ Appeals, which demanded an additional level of skill and knowledge. 

4. Perspective

Knowledge of the VA System: To give your appeal the greatest likelihood of success, you’ll need a VA benefits lawyer who understands how the VA operates. This requires more than just memorizing procedures and VA benefits terminology.

Our capable VA benefits attorneys have cultivated expert insight into the dynamics of the appeals process. With that expertise, we can provide our clients with the best possible outcomes. 

Additionally, our founder, Brendan Garcia, along with some of our attorneys, have served in the military, so we can offer a shared perspective and first-hand experience dealing with the VA.

Get In Touch With VetLaw to Discuss Your Case With Our VA Benefits Lawyers

Our VA benefits lawyers are exceptionally qualified and fully dedicated to our clients. VetLaw’s founder Attorney Brendan Garcia has seen the other side of the VA claims process, and his experiences have helped shape the way we approach appeals for our clients.

Our team relentlessly pursues favorable outcomes and advocates for our clients when they need us the most. They will tell you unequivocally: hiring a VA disability lawyer is worth it. We have the resources, informed legal perspective, and tenacity the VA appeals process demands.

Give us a call at (855) 670-0614 or complete our contact form today to schedule a free consultation with our team of VA benefits attorneys. We’ll explain what you can expect from the process, which disability benefits you qualify for, and what your rights are.

Frequently Asked Questions

Should I hire a VA consultant instead of a VA benefits lawyer?

Many VA consultants rely on dubious practices, and most aren’t worth the massive fees they charge. They aren’t accountable to the VA like accredited attorneys are. Additionally, they don’t have to obtain any form of certification or license to work your case. 

A better option is to contact a VSO agent for help with your initial claim. Then, reach out to a VA benefits lawyer if you want to appeal the outcome of your case. Otherwise, you could end up paying out of pocket for ineffective services.

Can a VA benefits lawyer charge me for help filing a veterans disability claim?

Federal law prohibits VA-accredited veterans disability claims attorneys from charging a fee for their legal services if they are helping you file your original claim. Most will recommend that you seek out a VSO representative to oversee your initial veterans disability claim instead.

However, if they are helping you dispute a VA decision or appeal for additional VA disability benefits beyond what you are currently receiving, they are entitled to collect a contingency fee if they successfully resolve your claim.

Does my VA benefits attorney receive a portion of the disability compensation I collect each month?

No, after your VA disability claim appeal is granted, your future monthly benefits belong to you. Your back pay benefits are the source of your veterans disability appeals attorney’s fee.

When the VA retroactively compensates you for your service-connected disability based on the appeal your attorney helped you with, they are entitled to a percentage of the back pay benefits you receive.

Typically, this will range from 20% to 33% of the back pay compensation the VA provides. This is a one-time fee usually taken in a lump sum.

You and your VA benefits lawyer should have already agreed on a percentage for their legal fee when you hired them. This system keeps veterans from having to pay out-of-pocket for legal support when they need to hire a VA benefits lawyer.

How do I choose the best veterans disability claims attorney to help me?

When you are considering hiring a lawyer to help you secure VA disability benefits, look for the following qualities:

• VA-accredited
• Record of successful resolutions
• Responsive to your questions
• Maintains a reasonable case load
• Good reviews from former clients
• Admitted to practice before the United States Court of Appeals for Veterans’ Claims

These are just a few characteristics to use as a starting point when you are searching for legal representation. You should also verify that they have experience with your specific type of disability claim.

For success with claims like Military Sexual Trauma, prior experience is essential. It’s a good idea to schedule a free consultation with prospective VA benefits lawyers to find the right fit.