Should I Hire a VA Disability Lawyer: What You Need To Know Before Calling

Military service is a sacrifice that takes a toll on the mind and body. It is estimated that about 20% of veterans will experience debilitating PTSD symptoms. Sometimes, the injuries are easy to see. Some, however, are not visible and may not show up for decades. Regardless, if your ability to work or complete daily tasks is affected, you might be able to get veteran’s disability benefits with help from the best VA disability attorneys. Getting a grant for your benefits is not sure, and your original claim might be denied. Fortunately, you do not have to navigate the often complex world of disability law alone. The best VA disability attorneys can guide you through the overwhelming claim process.

As of the spring of 2021, over 5 million Americans were receiving veterans disability benefits in various amounts. You can check your VA claim status through the US government’s VA website.

Find a VA Disability Lawyer Near Me!

VA Disability Claims

Many veterans find that working with a Veterans Service Officer to get help filing for benefits for the first time is the best strategy. According to Forbes Advisor, for many disabilities related to military service, claims are generally more straightforward for veterans who left the military fairly recently because medical records, in these situations, might still be more current. Using a free veterans’ resource like a service officer or accredited VSO for the first VA benefits claim makes sense if this is your situation. For original claims, increases or reopened claims, the VA is supposed to take on the burden of getting important records such as service, social security, medical records, or private medical records as long as the veteran is helping by letting the VA know where these records might be obtained.

VA Disability Claims Process

In an ideal world, the veteran eligible for benefits would apply and get approved the first time. However, because of the complex nature of VA Disability Law, this isn’t always what happens. Your application might need supplemental private medical records for proof or even clarification. For some people, this is a big reason they need the best VA disability attorneys. This is a good spot to look at how you go about applying.

Compile the documentation: Start with what you know. Your records will be scattered among various doctors and locations, and they will be super critical when building a claim. Download and print VA Form 21-526EZ, and submit a paper copy by mail or in person.
Apply: If you want to be thorough, print out your application to be safe. You can also try submitting it electronically via the VA website, where a few simple questions will lead you to the forms you need.
Wait for a decision: If your claim has not progressed, consider contacting the Roanoke Regional Benefit Office.

Choosing a VA Disability Attorney

The VA limits how much you’ll pay the best VA disability attorneys, although that’s different if they work for a private company. The limit exists because most of them will take your case on contingency – meaning they take a percentage of your back pay. So it makes sense why there’s a fee cap in place – to prevent predatory behavior and ensure your financial interests are looked out for.

Because they get paid if you win, there’s no reason to delay your search, right? But first, it’s essential to know what your disability rating might look like. Because that combined rating determines the dollar amount for VA compensation, you should carefully review the VA decision if you received one.

Also, there are things that the best VA disability attorneys recommend when looking into a new law firm. Here’s a look.

Find one specializing in VA law: Ask questions like how long the attorney has represented veterans. Some, but not all, law firms are only going to focus on the very narrow area of law associated with Veterans’ disability, and these might be a good place to start if that’s the specific area of law you need assistance in. If you work with someone specializing in more areas, check how much experience they have in veterans cases specifically.
Reputation: See what online reviews reveal about the law firm or attorney you’re considering and compare them. Awards, case wins, client recommendations … see what comes up.
Look for open communication: Choose someone you are comfortable communicating with and who responds promptly. Find out how accessible your lawyer is and how you can contact them with important questions as the case progresses.
Fees and Costs: Most reputable VA lawyers work on contingency. A firm should never charge an upfront fee and should only be paid a percentage of the past-due benefits a veteran might receive after winning. Remember that the VA sets contingency fees for the appeals phase.

Why Should You Hire a VA Disability Lawyer?

If your original claim got denied or the benefits assigned by the VA seem off, working with a lawyer will make your life easier. Especially considering that they don’t get paid unless they help get your benefits, right? It takes time to find the right law firm, though. But the investment now means it’ll hopefully pay off later when getting a higher disability rating. You could lose monthly money for years if you don’t have the correct percentage. This would mean the VA’s determination is directly affecting the benefits paid.

Understanding the VA Rating System

Let’s talk about the [VA disability rating](https://www.benefits.va.gov/WARMS/bookc.asp#i). You must know how this percentage-based rating works – because it helps to understand how the best VA disability attorneys will potentially be helpful with the appeals process. According to Hill and Ponton, the monthly dollar amount paid as VA disability compensation depends on that rating.

The amount you get paid changes by quite a bit for each percentage. Because of this, it is critical to review the VA’s ratings and make sure they make sense. There’s also a misconception that the rating is only used for monthly payments – which is not the case. A disability rating that’s 30% or higher means you get even more compensation. This additional money helps out with paying to support any dependents living with you – for instance, your spouse, children or your parents if they are dependents.

The [current 2024 VA disability benefit rates](https://www.va.gov/disability/compensation-rates/veteran-rates/) are shown in the table below:

Disability Rating (%)	Monthly Benefit (Single Veteran)
0	$0.00
10	$171.23
20	$338.49
30	$524.31
40	$755.28
50	$1,075.16
60	$1,361.88
70	$1,716.28
80	$1,995.01
90	$2,241.91
100	$3,737.85

Appealing Denied Claims

Here’s where things can start to feel overwhelming and challenging. Once you decide to appeal, you have to understand what you need to win. As I mentioned earlier, although veterans do not need a lawyer to be successful in receiving an original grant, most seasoned veterans’ disability attorneys, in their experience, say they routinely find that a more significant percentage of those they represent need assistance during the appeals process because veterans often have difficulty establishing that their medical conditions were caused or aggravated while serving in the military.

Here is where you’ll want to use the best VA disability attorneys – as they are better prepared to give good legal advice regarding what will strengthen the claim. They’re going to look for important medical evidence supporting service-related claims from your medical and military records as well as anything you can submit about your service-related illness, like personal testimony, for instance, or accounts from people you served with, which is considered “lay evidence.” These attorneys, like most experienced attorneys who specialize in VA Disability, emphasize the critical need to provide extensive detail. Especially important here will be anything you have that gives the complete history of your military service, the event leading up to any injury or condition you seek compensation for, and all current treatments for the specific ailments you believe are disabling.

Also, your current disability must have occurred because of or worsened by your time in military service. This is the concept known as [service connection](https://cck-law.com/veterans-law/service-connection/) and means there’s a connection (called a nexus) linking your disability to this qualifying event from your military service. So, your claim for benefits is contingent on you having sufficient evidence that your disability stems from what you did while in service. Most VA disability benefits cases ultimately center on the difficulty of establishing that service connection.

Fortunately, the VA offers [presumptive service connection](https://cck-law.com/veterans-law/service-connection/), making the job easier in several cases because you do not have to prove there’s a direct link. The VA assumes your condition comes from the service. For instance, the VA grants presumptive service connection for [various conditions caused by Agent Orange exposure](https://cck-law.com/types-of-va-disabilities/agent-orange/), meaning if you suffer from one of these, like type 2 diabetes, prostate cancer, or Parkinson’s disease, and you served in certain areas where you were exposed, you’re all set. You won’t have to establish a connection between that qualifying exposure and the current ailment.

As an example, veterans who were stationed in the Korean Demilitarized Zone (DMZ) between the Spring of 1968 and the end of the summer in 1971 and now suffer from one of the diseases related to exposure to Agent Orange are granted benefits without providing a medical nexus linking the DMZ exposure to the disease. The good news is that you would not be denied on this basis to Choose the Right Lawyer for Your Case.

Hiring a law firm can seem like a significant task, right? Fortunately, this isn’t the case here – as VA lawyers will give you a free consult with no obligation to move forward. Because of this, it makes sense to try setting up a call and getting some answers from a real-live attorney.

Factors To Consider When Hiring

Here are some questions that Hill and Ponton ask their new potential clients to help ensure they find someone with considerable expertise.

Focus on Veterans Law: It’s important to consider whether a given attorney specializes only in Veteran’s law and disability benefits claims, meaning that is the exclusive area of law the firm practices.
Years of experience: A good rule is to choose a disability law firm that has practiced law and represented veterans with benefits cases for at least a few years or more.
National vs. Local reach: See if the attorney or law firm has handled successful appeals in many parts of the country. Or maybe a local firm will work out better if that is offered in your location.
Read client testimonials and online reviews: Check a few lawyer sites and online lawyer rating services.

Common Mistakes to Avoid When Filing a Claim

We have already discussed the problems of not including detailed proof, especially medical documentation that shows an experienced and educated medical professional diagnosed the current ailments. A common pitfall to be aware of during this phase is waiting too long after an injury or conditions get severe to take action. Veterans benefit law is a tricky area to be successful in, although I am making an effort now. At the same time, things are recent in memory, and while important details can still be obtained, they will ultimately benefit you down the line.

Understanding the VA’s Duty to Assist

When filing a claim, veterans must recognize what the VA is required to do and what they must do themselves. It makes a lot of sense to think that for something as serious and important as filing for VA benefits, the process must be clear-cut and laid out – with explicit instructions at each step, right?

And this really should be the case. However, it turns out the Department of Veterans Affairs only changed their requirements around veterans being allowed to use legal help or representation back in the mid-2000s because, up until then, attorneys had been prevented by the VA from assisting veterans with their original applications or appeals. This changed, although not quickly enough for several claimants, in 2007. This was based on the finding by Congress that veterans seeking disability benefits and aid needed and also deserved assistance during each stage, as disability cases are highly complex. Although initially not “lawyer friendly” or “attorney friendly,” you are no longer prevented from bringing an attorney into the fold early on. This makes perfect sense because even with all the assistance, the entire claim process can feel hard and often convoluted for veterans who don’t understand the terminology and requirements. And why things might have gone off course during this phase.

A red flag from this time frame should be whether you know the best disability lawyer was involved in representing your original claim at any level. Also, keep in mind that once a legal agreement (called a retainer contract) has been signed, getting out of it, although possible under certain specific legal scenarios, may not be as simple as asking your attorney for your paperwork back because there might be a required time frame before legally withdrawing.

Tips for Maximizing Your Chances of Success

There are several tips seasoned veterans’ lawyers recommend to maximize your likelihood of being awarded benefits. When preparing your benefits case consider taking these steps, highlighting potential pitfalls you should take action on. According to [VA law](https://www.va.gov/disability/file-disability-claim-form-21-526ez/introduction?next=loginModal), most original claims should have been granted if there’s any valid connection. These simple strategies might help reduce the number of those needing assistance from the best VA disability attorneys during this important phase.

For this reason, it is imperative that claimants properly frame all relevant service connections using supporting information and testimony, submit detailed paperwork explaining all issues and impairments, as well as respond to communications sent to you so claims do not go off course.

Strengthen Your Claim with Buddy Statements

We discussed [lay statements or lay evidence](https://www.hillandponton.com/using-lay-evidence-support-disability-claim/). If possible, include eyewitness accounts from your comrades in your application to get any new claims processed quickly. The testimony of people you served with can be even more important and relevant than formal documentation if this person remembers critical specifics or corroborates any timeline discrepancies or events. Consider the situations where these statements might be beneficial.

Forgotten Injuries or Circumstances: If an injury occurs but is forgotten until many years later and is not included in service medical records, the testimony of a former comrade who witnessed the injury firsthand may prove helpful in getting a higher rating granted by the VA.
Service Connection or Timeline Clarifications: Maybe your service medical records or DD214 discharge document lack details about the specifics of a training event or injuries or are unclear on certain parts of your official diagnosis. Your comrade could describe his firsthand memory of events from his unique vantage point. These personal stories can help get any questionable claims reevaluated and potentially move toward a new rating.

Although lay statements alone are probably not enough to get a service connection, they often act as proof supporting a claim, and they are more likely to make the process go faster if there is a large discrepancy in a claimant’s paperwork, timeline, or documentation from their original application. Make sure whoever gives a buddy statement signs their complete name and lists all the best ways to reach them for verification or interview. Because every account will come with a subjective viewpoint, the most useful buddy statement will be one written from an unbiased perspective without going on for pages. If this person had experience making claims through the VA or can highlight aspects a claimant overlooked that support your disability case, even better.

Submit the Proper Medical Evidence to Win Service Connection

Again, submit comprehensive documentation of service-connected ailments with relevant timelines. Your original denial letter will state why the VA rejected the claim and where to submit evidence. This phase of the appeals process requires veterans to follow [VA protocols](https://www.va.gov/decision-reviews/legacy-appeals/#:~:text=It%20depends.,you%20to%20get%20a%20decision.). These appeal pathways are how veterans ultimately get the decision to go their way, whether that’s at a regional or higher court level.

For instance, you must download and fill out Form 21-2680 for an initial Pension claim. Then, please mail it to a regional benefit office location or submit it in person to an agent or accredited representative who’s required to give a free consultation on your potential case. Remember, once this paperwork has been reviewed, you should get solid, understandable answers and not boilerplate cut and pasted stuff with only vague, canned or generic details. The lawyer must explain things honestly without over-selling.

Appeal Mistakes to Avoid

Some mistakes the best disability attorneys routinely make hurt claimants as appeals progress. Many think an appeal is as straightforward as challenging or rebutting parts of an original rating decision.

Although sometimes successful, a better strategy is to identify procedural errors and issues that are likely what will move the process more swiftly forward. Fortunately, VA compensation can and will be retroactively applied from a much earlier effective date if you successfully appeal any VA decisions. If the judge believes there’s solid medical documentation establishing you met disability requirements for your current rating or percentage from an earlier time frame and should have been awarded this money all along. So not only will an appeal potentially lead to you getting benefits from today, but you might be receiving additional compensation back-paid for decades.

And here’s what the VA wants to review as evidence if you wish to do a higher-level review of a supplemental claim. For these additional benefit appeals, keep these tips in mind and make sure you provide details. When it doesn’t make sense why the claim was denied and after having exhausted any free advice or services made available to you by an agent or through an accredited Veterans Service Organization, your next step might be looking for help from an experienced veterans attorney.

Get Medical Opinions from Doctors: Make sure any opinions submitted clearly explain all diagnosed impairments and timelines so there is no chance the appeals judge won’t understand these details, like missing private records or subjective reports. This often slows things down during the review process.
Submit evidence with specifics: The Board reviews hundreds of veterans appeals every week – and this process isn’t personal. Make it easy to prove your argument is true – make sure anything you send in gets your story across without having the reviewing team needing to fill in the blanks. Otherwise, your case could go off track.

If you believe this describes what happened during your original claim – especially after being turned down, it might be the right time to seek out additional advice. You have the right under the law to try for another decision if new, more specific information or details have come up.