Veterans Disability Claims Lawyer | Filing a VA Disability Claim
Veteran disability claims allow former military personnel to apply for VA benefits for service-connected injuries and illnesses.
Summary
- VetLaw specializes in helping veterans appeal VA benefits denials to secure disability compensation.
- Veterans must meet VA’s definition of a veteran, provide evidence of a current disability, and establish a service connection for their condition, supported by medical documentation to claim VA benefits.
- Veterans disability claims can be filed online, by mail, in person, or through a VSO. Appeals after denial can be handled by a qualified VA benefits attorney.
VA disability attorneys focus on overturning unjust denials and increasing disability ratings by gathering evidence, addressing VA errors, and navigating complex appeals processes.
For nearly a decade, VetLaw has been a leading voice for veterans facing VA benefits denials. Our team has honed our skills to provide veterans with service-connected disabilities with the best legal support possible.
At VetLaw, we strive to communicate clearly, argue persuasively, operate diligently, and exceed expectations on behalf of our clients. 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. Our team of lawyers is also qualified to take veteran disability claims all the way to the Board of Veterans’ Appeals, as well as the Court of Appeals for Veterans Claims.
WHAT ARE THE REQUIREMENTS FOR VA DISABILITY ELIGIBILITY?
How Can I File a Claim With the VA for Disability Compensation?
The VA accepts multiple forms of disability claims from veterans with service-connected disabilities. Choose from one of the following methods to file a claim for disability compensation with the VA:
Online: Complete your application for VA benefits, gather links or digital copies of the records you want to use, and submit your claim on the VA’s website using VA Form 21-526EZ. Generally, this is considered the most convenient way to handle filing a veterans disability claim.
By mail or fax: Another approach to submitting a veterans disability claim is to print out the paperwork you need, fill it out, collect hard copies of the evidence you want to include, and send it all by mail to the Department of Veterans Affairs Claims Intake Center in Janesville, Wisconsin. You can also send it to 844-531-7818 via fax.
In person: Fill out the appropriate forms, compile your documentation, and take it all to your closest VA Regional Office to submit your veterans disability claim in person.
Through a VSO or Veterans Disability Claims Lawyer: If you are working with a VSO representative, they can file your VA claim paperwork for you. If you are pursuing an appeal and a veteran disability benefits attorney is handling your case, they can also submit your appeal to the VA on your behalf.
Keep in mind that after the VA has denied your claim, a veteran disability claims lawyer can take over your appeal for benefits. Veterans can also choose between filing an appeal with their Regional Office, mailing their appeal, or submitting it online.
Overcome a VA Benefits Denial by Working With a Veterans Disability Appeals Attorney
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 for VA compensation.
Whether 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. That is why it is necessary to engage a veteran disability claims lawyer, as they can provide legal insight based on their experience.
Call a Veterans’ Disability Claims Attorney Today
Finding the right VA benefits attorney to represent your case can feel like yet another barrier to securing disability compensation for your service-connected disability. However, you don’t need to look any further than the accomplished veterans disability claims lawyers of VetLaw.
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. You can reach us at (855) 215-5033 or fill out an online contact form to schedule your free consultation. Let our team tell you why hiring a VA benefits attorney is worth your time and explain how we can help you maximize your disability compensation.
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. Remember, your combined rating is what the VA uses to determine your disability benefits. That’s why our team prioritizes getting you the disability rating you deserve for each of your conditions.
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. They can also ensure that your appeal specifically addresses or rectifies the reason(s) why the VA denied your claim.
