Why Should a Veteran Hire an Attorney
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Do I Really Need An Attorney for My VA Claim?
If you are involved in a Veterans Affairs claim for disability, you already know the entire process can be very complicated and confusing. It is no wonder that many veterans never receive their full benefits. Each year, the VA denies approximately one-third of disability claims; in many cases, these claims were filed properly and there is no clear indication of problems with the underlying facts.
Veterans faced with this situation are also faced with a decision: should they navigate the process themselves and trust the process, or should they turn to legal professionals to help them protect their rights?
How VA Claims Have Changed
In June, 2007, the rules regarding VA disability claims were changed to allow veterans the right to hire an attorney immediately after filing a Notice of Disagreement with their regional offices. A Notice of Disagreement, or NOD, is typically filed after a rating decision is given by the VA that is unfavorable to the veteran. It is a required document that preserves the veteran’s right to appeal the VA’s decision. Prior to June 2007, veterans were barred from hiring attorneys until much later in the appeals process.
This decision was an incredibly important one for veterans. By hiring a lawyer early in the claims process, veterans were avoiding years of potential waiting and frustration, and were given a much better opportunity to develop the support for their disability claims.
However, many veterans did not take advantage of this ruling for a number of reasons. At the time, most were probably hoping that the government would do the right thing and honor their claims. After having spent time in the service and being used to following the chain of command, it seemed natural to many veterans to follow the procedures given to them by the VA. Unfortunately, many found this was not enough to protect them and ensure that they were paid the compensation they deserved for their injuries and illnesses. In fact, many never received their rightful benefits from the VA. As this began to become apparent, more and more veterans turned to legal professionals to help them with their cases.
The Advantages of Hiring an Attorney
There are quite a few advantages of hiring an attorney to represent a VA claim.
- The average VA claims adjudicator is overworked and cannot focus too long on any one particular case. The VA’s performance evaluation system is based on production, which drives claims to be evaluated rapidly. Because of this, it is very easy for crucial information to be overlooked.
- A VA-accredited attorney understands the law behind the decisions. Most veterans are not familiar with the laws, rules and regulations behind the VA’s decisions. Even when they are given copies of the decisions, the legal language can be overwhelming for anyone who is not experienced in deciphering it. A VA-accredited attorney, on the other hand, has studied VA law and understands how the VA is using–or misusing–its own rules and regulations in making its rulings.
- An attorney focuses on protecting the client’s rights. While a VA representative may want to help veterans, an attorney has only one goal: to represent the client to the best of his or her ability. Therefore, an attorney will not be distracted by anything other than what is best for the veteran and will advocate for those outcomes.
- An attorney can find ways to speed up the appeals process. In many cases, attorneys understand ways to cut through red tape and move quickly toward the finish line in a disability appeals claim. By filing in the right place at the right time, attorneys often cut months or years of time off of claims processes. Veterans, on the other hand, may be shuffled from one venue to another, never making any progress on their claims, until they give up in frustration.
- An attorney understands if you have been awarded full compensation. Not only will an attorney advocate for a veteran to receive service connection, but will also evaluate whether the percentage awarded is appropriate. This helps to protect veterans from being underpaid for their disability claims.
If you have a VA disability claim and have been denied compensation, it may be time to think about hiring an attorney.
