Why Hire Ban Law? Frequently Asked Questions
Why Hire Us?
We are a small law firm dedicated totally to representing veterans for service compensation. Due to our size and dedication, you will be able to communicate with your attorney whenever you need to so that you understand the status of your appeal. We will help explain where your case is in the VA appeal process as well as explain our strategy to maximize your VA benefits.
What we do?
We handle all required to appeals to maximize your VA rating, we gather medical evidence, help develop essential lay evidence, and develop the best legal and factual strategy to achieve the best possible results.
How do I know if my benefits are maximized?
Technically the VA is supposed to do this but we make sure this is done in reality. We help throughout the entire appeal process and find claims that you may not know you had, either based on claims for service connection, higher ratings, or earlier effective dates. When we review your file, interview you, and find these other claims that you may not know you had.
Will an attorney help me?
Yes, Joel Ban will help and be charged with implementing the case strategy from the very start. Though we have assistants they will never be charged with the case entirely and will only assist.
Will you help me apply for claims from the start?
If we are already representing you we will help you file brand new claims even though we would not get any fee if you were approved immediately. This has been the result quite often over the years but is something we do to help you maximize your claims.
Can I reach out to you with questions?
We are dedicated to good communication and promise to return calls within a day and immediately answer the calls of current clients. If we aren’t immediately available we will call back within a day. We will return potential new clients within a day.
How do attorney fees work?
We can only work on a contingent fee basis where we generally take a 20% allocation of the benefits that are past due. We don’t and cannot take other forms of direct payment outside of a contingency arrangement based on VA federal rules.
How is your contingent fee calculated, and who pays it?
Our fee is 20% of the past due benefit where the veteran prevails on an issue that is on appeal (and not a new claim where no fee is owed). When this occurs, the VA is the party that withholds the fee.
What are my chances of winning my claim, and how long will the process take?
It is difficult to provide a single, easy answer for your chances of winning or the expected timeline. A “win” can be defined in many ways—such as prevailing on service connection, a higher rating, or an effective date—and the duration depends on the number of claims and many other factors. We cannot easily address these complex issues in a simple question/answer format.
Do you review claims that were previously denied years ago?
Yes. We are very eager to look at claims that ended 20 to 30 years ago and were never appealed to see if an exception to the “rule of finality” exists. While we cannot guarantee success on these claims, we are heavily incentivized to pursue them because a victory could result in decades’ worth of past due benefits for the veteran
Do you review claims that were previously denied and not appealed within a year?
Yes. We are happy to look at claims that ended 20 to 30 years ago and were never appealed to see if an exception to the “rule of finality” exists. While we cannot guarantee success on these claims or any other claims, we are thrilled when a veteran recovers decades’ worth of past due benefits due to some kind of VA error.
Do I need or is it beneficial to have a local attorney?
No not at all. The VA operates in a federalized /nationwide system where claims are shuttled all over the country. As veterans’ law is completely federal, we handle claims efficiently and professionally for veterans all over the country and world.
What is the general strategy of Ban Law Office when you take a case?
Though the VA is directed to “maximize” a veteran’s benefits, they rarely accomplish this absent persuasion and frequent appeal. This means we look for claims that many veterans don’t know exist, including other claims the veteran doesn’t know are compensable or effective dates much earlier than a veteran knows about. Part of our experience and knowledge is finding these hidden claims that establish significant benefits.
NOVA MEMBER
National Organization of Veterans Advocates
Court Of Appeals For Veterans Claims Bar Association