Is It Worth Getting a Lawyer for VA Disability?

When you pursue a VA disability benefits claim, the application and appeals process can seem complex and daunting. You may wonder whether hiring legal representation to assist you is worth the time and expense. However, a VA disability benefits attorney can guide you through the application process. 

Understanding the VA Disability Process

The application process for VA disability benefits begins with filing a claim form with supporting documentation, including medical records, service records, and “buddy” statements. After applying, the VA may ask you to provide additional information or documents, such as updated medical records. The VA may also ask you to submit to a medical examination. When the VA determines that you have a service-connected medical condition, it will review the medical evidence to assign a disability rating to your condition or a total rating for all your qualifying conditions. 

Some of the issues that veterans may face when pursuing VA disability benefits include:

• Long processing times: Administrative backlogs can result in veterans having to wait weeks or months to receive a decision on their disability benefits application.
• Denials or low disability ratings: Challenges in the application process may lead to veterans having their benefits claims denied or receiving a lower disability rating than expected. 
• Complex legal requirements and terminology: Veterans may find some legal procedures and terminology used during the VA disability benefits application process confusing or challenging. 

When Can a Lawyer Help?

Accredited VA disability benefits attorneys cannot charge fees for helping veterans with initial applications. A lawyer can provide significant help when a veteran wants to appeal the denial of their benefits claim or the disability rating assigned by the VA. When a veteran seeks to appeal a decision on their benefits claim, a lawyer can help with:

• Challenging the denial of a disability claim
• Challenging the determination of a disability rating for a service-connected condition
• Ascertaining a veteran’s total disability rating when a veteran has complex and multiple service-connected medical conditions
• Pursuing formal appeals to the Board of Veterans’ Appeals or the U.S. Court of Appeals for Veterans Claims

When a veteran hires a VA disability benefits lawyer to assist them with an appeal of a denied claim or low disability rating, an attorney will handle the case by:

• Investigating the veteran’s claim to gather all available evidence, including medical documentation, service records, and buddy statements from fellow servicemembers, commanding officers, or friends and family
• Timely filing notices of appeal from earlier claims denials/decisions
• Preparing compelling arguments for overturning an initial disability benefits decision

Pros and Cons of Legal Representation

Hiring an attorney to help you pursue a VA disability benefits attorney has benefits and some disadvantages. Some of the pros of having legal representation to appeal your benefits claim include:

• An attorney will have specialized legal knowledge and experience with VA regulations
• Attorneys can prepare and present detailed arguments to ensure more accurate disability ratings
• A lawyer can keep the claims and appeals process moving to help veterans get results more quickly

However, some of the downsides of hiring a lawyer to help with a VA disability benefits appeal include:

• A veteran may not always need legal representation to appeal denials caused by technical missteps in their application (such as not submitting required information or documentation)
• Veterans may have to pay legal fees for an attorney’s service, usually in the form of a percentage of the back benefits awarded to the veteran in their appeal

Contact a VA Disability Lawyer Today

When you have a medical condition that may qualify you for VA disability benefits, working with an experienced attorney may give you a better chance of having your benefits claim approved. Contact Veteran Benefits Law Group today for a free, no-obligation consultation with a VA disability attorney to discuss how we can assist you with your claim.