Living with a disability can be challenging, especially for veterans who have served their country. Fortunately, the Department of Veterans Affairs (VA) provides compensation for disabilities incurred or aggravated during military service. However, navigating the VA compensation process can be complex and overwhelming. This is where a veterans disability attorney can make a significant difference. In this blog post, we will explore the role of a veterans disability attorney and how they can change your life.
Do I Qualify for VA Compensation?
Before understanding the role of a veterans disability attorney, it’s important to determine if you qualify for VA compensation. The eligibility criteria for VA compensation include disabilities that were incurred in service, caused by service, or are secondary to a service-related condition. If you believe you have a disability that meets these criteria, it’s worth exploring your options with a veterans disability attorney.
How do I know if I have a good case?
Determining the strength of your case can be challenging without proper guidance. A veterans disability attorney can assess the viability of your case by reviewing your paperwork, recent VA decisions, and medical records from your service. These documents help in establishing a connection between your disability and your military service. Having relevant paperwork and medical records can significantly strengthen your case.
How do I prove service connection?
Proving service connection is a crucial aspect of winning a VA compensation case. Typically, you need to provide evidence of an in-service incurrence of disability and demonstrate that the disability has continued to the present time. This means you still have the same disability that you had during your service. Medical evidence plays a vital role in proving service connection by creating a nexus between the current time period and your service.
What type of evidence do I need to win my case?
Unlike formal courts, the VA compensation process allows for flexibility in terms of evidence. This means you can be creative in gathering evidence to support your case. While medical evidence from your service and current medical records are usually helpful, other types of evidence can also be valuable. Letters from family and friends, newspaper articles from the period of service, or any other documentation that supports your claim can be considered as evidence.
How long will it take to win my case?
The duration of a VA compensation case varies depending on several factors. The strength of the evidence and the stage of the process you are in can influence the timeline. While some cases may be resolved within a few months, others can take several years. Unfortunately, some veterans have had to wait for many years, reapply, or appeal to the Court of Appeals for Veterans Claims. Remands, where a case is sent back for re-adjudication, can significantly slow down the process.
Why do I need an attorney?
Hiring a veterans disability attorney can be a game-changer for your case. An attorney can identify missing evidence that is crucial to winning your case and help you obtain that evidence. They can also argue for your disability to be “presumed” to be service-connected, leveraging the relevant rules and regulations under chapter 38 of the US code and code of federal regulations. Additionally, an attorney may uncover additional claims that you may not even be aware of, maximizing your chances of receiving the compensation you deserve.
Is it expensive to hire an attorney?
One of the common concerns when considering hiring an attorney is the cost. However, veterans disability attorneys typically work on a contingency basis. This means that you only pay a fee if you win your case. The fee usually amounts to 20% of the past due benefit. This fee structure ensures that you can seek legal representation without worrying about upfront costs.
Navigating the VA compensation process can be overwhelming, but with the help of a veterans disability attorney, it becomes more manageable. A veterans disability attorney can assess the strength of your case, gather missing evidence, and advocate for your rights. They can change your life by ensuring you receive the compensation you deserve for the disabilities you incurred or aggravated during your military service. If you’re a veteran seeking VA compensation, don’t hesitate to reach out to a veterans disability attorney for assistance.
