Veterans Disability Claims Lawyer | Filing a VA Disability Claim

For nearly a decade, VetLaw has been a leading voice for veterans facing VA benefits denials. Let us help you secure the veterans disability benefits you deserve with a strong appeal to the VA. Give us a call at (855) 215-5033 or fill out an online contact form to schedule a free consultation with one of our veteran disability claims lawyers.

What the VA Requires From Veterans to Grant Disability Benefits

For a veteran to recover disability benefits from the VA, their claim must show that they meet the three prongs required to obtain VA disability benefits.

First, the veteran must meet the VA’s definition of a veteran for purposes of disability compensation. This includes both a minimum period of service, which may vary depending on when the veteran served, as well as a discharge other than Dishonorable.

Second, demonstrating the existence of a current disability is key to submitting a successful claim. Vets may be vague or list incomplete information when filing a claim, which only makes it easier for the VA to reject your claim. When filing your VA application, list complete names and body parts for each disability you are seeking benefits for.

FAQ: How to Check Your VA Disability Claim Status 

Finally, tell the VA why your condition is related to service. If you expect the VA to figure it out through their so-called “duty to assist,” you will be more likely to receive a denial than if you provide a complete list of medical records and have your doctor provide documentation, including a medical nexus letter, supporting your claim.

Although a VA disability claims lawyer is not typically involved in the filing of an initial claim, we hope that this information is helpful to you in preparing a successful claim.

Get Help from a VA Disability Claims Lawyer

Filing a successful veterans disability claim can be a complex process, and it can take a lot of time and effort to research the necessary qualifications and gather the evidence needed to win without filing an appeal. This process can be especially overwhelming for claimants suffering from severe physical or mental disabilities.

Unfortunately, attorneys are typically unable to assist veterans with initial claims. However, under the Appeals Modernization Act, an attorney can assist you with a Supplemental Claim, so long as it is not the first application for benefits ever filed with the VA.

In that case, our team of experienced veterans disability claims attorneys can assist you with gathering the necessary evidence to help prove your case.

WHAT ARE THE REQUIREMENTS FOR VA DISABILITY ELIGIBILITY?

Call a Veterans’ Disability Claims Attorney Today

Veterans who suffer from an illness or injury related to their active duty military service are entitled to receive VA disability compensation. Do not let anyone tell you that you do not deserve the benefits that you earned while serving our country.

Unfortunately, the VA denies many veterans who are entitled to receive compensation; however, VetLaw’s experienced team can help you cut through the red tape and overcome VA’s unnecessary and overly burdensome requirements.

Whether or not you receive veterans’ disability compensation may depend on some of the choices you make during your claim and appeal that you may not think about until you are far along in the process.

We highly encourage you to contact our team of experienced veterans disability claims lawyers and staff members who can assist you in evaluating the documentation you already have and navigating through the confusing VA process while providing advice along the way.

Don’t hesitate to call VetLaw anytime to receive a free case review.

Frequently Asked Questions

Can VetLaw help me file my initial VA disability claim?

As veteran disability claims attorneys, our work typically begins after you have already received a denial letter from the VA. We focus on appealing unjust VA decisions to secure or increase veterans’ disability compensation for service-related conditions. 

VA-accredited VSOs can assist you with filing your initial claim for veterans disability benefits. Look out for un-accredited VA “coaches” who charge huge fees before they have done any work for you or try to lock you into contracts that demand payment even if they are unsuccessful in your case.

What does a veteran disability claim attorney charge to represent a case?

VA disability benefits lawyers charge a one-time fee taken out of the back pay benefits they recover in an appeal. The average fee is between 20% and 33% of this amount. They are not entitled to the VA disability benefits you collect going forward.

As the client, your attorney shouldn’t ask you to make any payment to them before the VA issues a decision on your appeal. If the VA doesn’t grant or increase your disability compensation, you are not responsible for paying attorney fees.

How do I figure out what my combined VA rating is?

Let our VA disability rating calculator do the work for you. Put your ratings for each of your service-related disabilities into the calculator, and it will use the VA’s formula to combine them into a single overall rating. It will also round the combined rating percentage, if necessary, to produce your current combined VA rating.

How long will it take to appeal my disability claim or rating?

Each appeals path has a different average wait time, as each places different demands on the appellate system. Check out this article to learn more.

WHEN SHOULD I APPLY AND HOW LONG WILL IT TAKE FOR A DECISION?

Generally, the VA takes between a year and a year and a half to process and appeal and issue a decision. However, if you pursue a hearing with the Board of Veterans Appeals, you may have to wait five years or more for a judge to render a decision. 

Can a veterans disability appeals lawyer help me reopen a previously denied VA claim?

Yes, a veterans disability benefits denial attorney can assist you with appealing to reopen a previously denied VA claim. Hiring a veterans disability claims lawyer is a good idea, especially in cases when the VA has denied a claim and the window to appeal has lapsed.

After a vet has allowed a year to pass following a VA decision, they must present new and relevant evidence before the VA will agree to re-evaluate a claim it has previously denied. An attorney’s skills can be useful in figuring out what type of evidence to present, collecting it, and presenting it effectively.