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What to Expect: The Process of Working With a Veterans Disability Lawyer

 

Attorneys specializing in veterans disability law know the VA process inside out. They can help you find evidence to establish the link between your condition and military service. They can also help you meet important deadlines to file an appeal. This can result in a higher disability rating and an earlier effective date.

military members saluting the flag

What to Expect: The Process of Working With a Veterans Disability Lawyer

Medical Examination

A skilled VA disability lawyer knows how to bridge the gap between your personal experience with PTSD, traumatic brain injury, or other conditions and what decision-makers at the VA see when they review your claim. They have honed, and have long-practiced, the skill of building a case easily understandable to the VA rater or appeals judge who reviews your claim.

Your lawyer may also know when a medical examination (IME) or a vocative expert witness could be helpful in your case. They have experience working with these experts and are familiar with the documentation needed to prove your claim. However, your attorney should discuss fees and costs with you before engaging them in the case so you are comfortable with what you will spend. Unlike a typical law firm, veteran disability lawyers do not charge for the initial filling out of a claim and work on a contingency basis when representing you on an appeal.

Military Veteran. Disabled in a Wheelchair. Using s Laptop.

Submitting Your Claim

A skilled attorney can review your claim and provide advice on any roadblocks you might face. They can also help prepare and file your claim and submit any new and relevant evidence.

The attorney can also hire an expert physician or psychologist to examine and evaluate your condition. This is especially important if your disability is a mental illness, such as PTSD or TBI. Some attorneys are uncomfortable handling mental health cases or PTSD claims, so make sure to check that the firm you choose has experience with your type of case. The VA requires you to provide medical clinic and hospital records of your injury or illness. A veteran disability lawyer knows how to request these and other types of additional records that can support your claim. They can also assist with gathering supportive statements from friends, family, clergy, and coworkers. This evidence could prove that your disability is service-connected and directly relates to your military service.

American flags Happy Veterans Day, Labour Day, Independence Day.

Appealing the Decision

As soon as the VA issues a rating decision that you do not agree with, you should immediately file a Notice of Disagreement. Your lawyer can help you complete this form and explain the laws that apply to your case.

Your attorney will use a copy of your case file, known as the C-File, to develop a legally-based argument against the VA’s decision on appeal. This includes your medical records, Disability Benefits Questionnaires, and lay evidence. They may also hire an independent medical or vocational expert to support their arguments.

You may submit a Supplemental Claim, request a Higher-Level Review, or go straight to the Board of Veterans’ Appeals. Your attorney will help you decide which appeals process is best for your situation.

Patriotic Young Veteran Soldier

Final Thoughts:

Working with a veteran disability lawyer involves a detailed process that requires careful evaluation, evidence gathering, and strategic advocacy. By understanding what to expect when working with a veteran disability lawyer, you can approach this journey confidently and ensure that you have a dedicated ally in your corner.

About Julee: Julee Morrison is an experienced author with 35 years of expertise in parenting and recipes. She is the author of four cookbooks: The Instant Pot College Cookbook, The How-To Cookbook for Teens, The Complete Cookbook for Teens, and The Complete College Cookbook. Julee is passionate about baking, crystals, reading, and family. Her writing has appeared in The LA Times (Bon Jovi Obsession Goes Global), Disney's Family Fun Magazine (August 2010, July 2009, September 2008), and My Family Gave Up Television (page 92, Disney Family Fun August 2010). Her great ideas have been featured in Disney's Family Fun (Page 80, September 2008) and the Write for Charity book From the Heart (May 2010). Julee's work has also been published in Weight Watchers Magazine, All You Magazine (Jan. 2011, February 2011, June 2013), Scholastic Parent and Child Magazine (Oct. 2011), Red River Family Magazine (Jan. 2011), BonAppetit.com, and more. Notably, her article "My Toddler Stood on Elvis' Grave and Scaled Over Boulders to Get to a Dinosaur" made AP News, and "The Sly Way I Cured My Child's Lying Habit" was featured on PopSugar. When she's not writing, Julee enjoys spending time with her family and exploring new baking recipes.
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