Despite all the good work that they do, the Department of Veterans Affairs (VA) often gets a bad rap for being impossible to navigate, full of red tape and sometimes downright negligent. Veterans such as yourself dealing with the VA might actually consider getting some assistance in the form of VA disability lawyers; however, before you go hiring yourself one, it’s best to find out what VA disability lawyers do and how they can help you.
Despite all the good work that they do, the Department of Veterans Affairs (VA) often gets a bad rap for being impossible to navigate, full of red tape and sometimes downright negligent. Veterans such as yourself dealing with the VA might actually consider getting some assistance in the form of VA disability lawyers; however, before you go hiring yourself one, it’s best to find out what VA disability lawyers do and how they can help you.
Do You Need a VA Disability Lawyer?
For the most part, no. When you are just applying for your disability benefits from the VA, you may not need a lawyer. In many cases, you can simply rely on agents of your preferred veterans service organization to help you navigate those waters.
You will need a VA disability lawyer if you have already applied for your disability benefits and for whatever reason got a denial letter in reply. You would also need a disability lawyer to deal with the VA if you need to file an appeal for any case dealing with the VA or you need a discharge upgrade in order to qualify for your VA benefits.
Simply put, the only reason why you would ever need to hire a lawyer is when you believe that the VA has erroneously denied your claim or you need an expert to help cut through the red tape in order for you to qualify for VA benefits.
What Does a VA Disability Lawyer Do?
Much like every other lawyer, your VA disability lawyer’s job is to get you the best deal possible. The only difference here is that your lawyer will be dealing directly with the VA as opposed to private companies or individuals. While it is true that there are organizations set up to help veterans get their due, these organizations, much like the VA itself, are overrun and understaffed. This means that they are focused on processing as many claims as possible without paying personalized attention to details.
Your VA attorney will focus on working directly with you. This means that your lawyer will:
- Spend time listening to you explain the problem
- Look at all possible recourses to get that problem resolved
- Go through all the necessary red tape to get your problem resolved
- Chase after the VA on your behalf
- Get your application processed successfully as quickly as possible
As unfair as it might sound, both the VA and the CAVC (United States Court of Appeals for Veterans Claims) often treat a claim with a bit more care when it’s filed by a claimant who is represented by qualified VA counsel.
Additionally, the right VA lawyer can help:
- Bring class action lawsuits against the VA
- Get you higher VA disability rates
- Get your VA disability back pay processed
In case of a VA class action suit, you might need a team of VA lawyers who are willing to put in the work and get your group the settlements they deserve.
How Much Do VA Disability Lawyers Cost?
While there are pro-bono services such as National Veterans Legal Services Program (NVLSP) and the Veterans Consortium Pro Bono Program, hiring a lawyer that will deal with your case because it has some monetary value to them is always a good idea if you want speedy and satisfactory results.
The first thing you need to know is that lawyers are legally forbidden to charge you any money if all you want to do is file a disability claim with the VA. For that reason, most lawyers won’t even look at your case unless you have already filed for your benefits and are intending to appeal the verdict. Once you engage a VA disability lawyer, these are the kind of fees you can reasonably expect to face:
Disability Benefits Appeals
For handling your appeal, the VA lawyer can charge anything between 20% and 33½%, no more! The good news is that these fees are only applicable if you win the appeal and are awarded your benefits. In many cases, these fees will be deducted directly from your lump sum payment from the VA.
Discharge Upgrades
This is a different matter altogether. When it comes to discharge upgrades, your lawyer can set his/her own fees, and they often charge these fees upfront. This means that you will have to pay them the amount before they begin your case. How much a lawyer can charge you will depend on the lawyer and you may have to shop around a little bit and go by reputation.
Choosing the Right VA Disability Lawyer for You
It’s important to note that there are different types of VA attorneys who specialize in different cases. For example, veterans filing a claim for sexual trauma cases need to talk to a lawyer who will be sensitive to their plight and as such need a lawyer who specializes in Military Sexual Trauma cases.
In this case, the best place to start is to look at Service Women’s Action Network, which does an excellent job referring both female and male veterans who need lawyers who are familiar with these cases to the right attorneys.
Regardless of the case, it’s important to find a VA lawyer who meets the following criteria or answers positively to the following question:
- VA-accredited counsel
- Has been practicing veteran law for a reasonable amount of time and has the right know-how, influence and connections
- Has a stellar track record
If you don’t know where you to start, you can always look at the NOVA (National Organization of Veterans Advocates) website for excellent leads. Once you get the right lawyer, it’s often a good idea to take your time to talk to that attorney to get a feel of whether or not you will be a good match.
Sometimes, even though the lawyer might be qualified, they just might not be as sensitive to your particular issues, and that will inadvertently negatively impact the possible outcome of the case. Be as open and forthcoming as possible with your VA attorney for the best results.