As a veteran, you have sacrificed so much for your country. You deserve to receive the benefits and compensation you are entitled to for any disabilities incurred during your service. However, navigating the complex process of filing a veterans disability claim can be overwhelming and confusing. That’s where a veterans disability attorney can be your best ally. In this article, we will explore the importance of hiring an attorney for veterans disability claims and how they can help you in your fight for benefits.
Qualifying for VA Compensation
The first step in the process is determining if you qualify for VA compensation. There are various ways to qualify based on disabilities that were incurred in service, caused by service, or are secondary to a different service-related condition. To assess your eligibility, an attorney will review your paperwork, including recent VA decisions and medical records from your service and the current time period. Having these documents ready will help the attorney evaluate the viability of your case.
Evaluating the Viability of a Case
A veterans disability attorney has the expertise to assess the strength of your case based on the available evidence. They will carefully review your medical records, looking for evidence of an in-service incurrence of disability and the continuity of that disability to the present time. Medical evidence plays a crucial role in proving service connection, as it helps establish a nexus between your current disability and your time in service. By evaluating the viability of your case, an attorney can provide you with an informed opinion on your chances of success.
Proving Service Connection
Proving service connection is a critical aspect of a veterans disability claim. An attorney will guide you through the process of gathering the necessary evidence to establish a link between your disability and your military service. While formal rules of evidence don’t apply in VA compensation cases, attorneys can be creative in presenting evidence. In addition to medical evidence from service and the present time, other forms of evidence such as letters from family and friends or even newspapers from your period of service can be used to support your claim.
Types of Evidence Needed to Win a Case
The types of evidence needed to win a veterans disability case can vary depending on the circumstances. Attorneys understand the nuances of the VA system and can help you gather the necessary evidence. While medical evidence is crucial, other forms of evidence can also be valuable. For example, a newspaper article from your time in service could be used to prove the occurrence of an in-service stressor that may not be documented elsewhere. Attorneys can help you identify and collect the evidence needed to strengthen your case.
Timeframe for Winning a Case
One of the most common questions veterans have is how long it will take to win their disability case. Unfortunately, there is no definitive answer to this question. The timeframe can vary depending on the strength of the evidence and the stage of the process you are in. Some cases can be resolved in a few months, while others may take several years. It’s important to be patient and work closely with your attorney throughout the process.
Benefits of Hiring an Attorney
Hiring a veterans disability attorney offers several benefits. First and foremost, an attorney can help identify any missing evidence that may be crucial to winning your case. They have the resources and knowledge to obtain this evidence and present it effectively. Additionally, an attorney can argue for “presumed” service connection, raising the relevant rules and regulations under chapter 38 of the US code and code of federal regulations. They can also identify additional claims that you may not even be aware of, ensuring that you receive the maximum benefits you are entitled to.
Cost of Hiring an Attorney
Many veterans worry about the cost of hiring an attorney. The good news is that veterans disability cases are typically taken on a contingency basis. This means that you only pay a fee if you win your case, and the fee is typically 20% of the past due benefit. Hiring an attorney is a low-risk option that allows you to access the legal expertise you need without upfront costs.
Hiring a veterans disability attorney is crucial in the fight for benefits. They have the knowledge, experience, and resources to navigate the complex VA system and help you build a strong case. If you are struggling with your veterans disability claim, don’t hesitate to seek advice from a lawyer who specializes in this area. They can provide you with the guidance and support you need to secure the benefits you deserve.
Contact Ban Law Office PC at 801-532-2447 for a consultation with a veterans disability attorney.
