Navigating the process of filing for VA disability benefits can be a complex and frustrating experience for veterans. While the system is designed to be accessible, many veterans encounter difficulties that may prompt them to consider hiring a VA disability attorney. Leah Bucholz from Prestige Veteran and Rebecca C. Y. Deming, founder and Principal Attorney in ProVet Legal, explore when it makes sense to hire a VA disability attorney, the benefits of doing so, and the key considerations when selecting the right attorney to assist with your VA claim or appeal.
The Role of a VA Disability Attorney
A VA disability attorney specializes in representing veterans who are seeking disability benefits from the Department of Veterans Affairs (VA). These attorneys are well-versed in the intricate legal framework governing VA benefits, which includes not only statutes and regulations but also VA’s internal guidelines. Their primary role is to help veterans navigate the complexities of the VA system, file claims, and appeal decisions when necessary.
Attorneys provide more than just guidance—they offer a strategic advantage by understanding how the VA interprets and applies its rules, how to craft successful appeals, and how to handle disputes over effective dates, ratings, and other vital issues.
When to Hire a VA Disability Attorney
1. If You’re Considering Filing an Appeal
One of the most critical moments to hire a VA disability attorney is when you receive an initial decision on your claim that you believe is incorrect or unfair. Filing an appeal can be daunting, especially if you’re unfamiliar with the legal nuances and procedural requirements.
As highlighted by Rebecca Deming, “If you file an appeal on your own, it’s usually not something you can’t correct later, but it can make the process more complicated.” Filing a poorly constructed appeal may result in the VA digging in its heels, further justifying its denial with additional negative medical opinions. An attorney can help ensure the appeal is crafted with a solid foundation, reducing the likelihood of unfavorable outcomes.
Attorneys know how to properly present the appeal to avoid situations where the VA may misinterpret new evidence or compound errors, which could create additional hurdles in the future. For example, if a veteran files an appeal related to a mental health condition, an attorney can ensure the right medical opinions are presented to counter any negative rationale from a VA compensation and pension (C&P) exam.
2. When Your Case is Complex or Includes Multiple Conditions
Many veterans have complex medical histories, including multiple service-connected conditions. This complexity can make it difficult to navigate the claims process alone. Some veterans have dozens of claims which makes managing the necessary medical evidence and legal arguments a challenge.
If your case involves multiple claims or secondary conditions (conditions caused by a service-connected disability), an attorney can provide invaluable assistance in strategizing how best to present your case. For instance, mental health claims (such as PTSD and depression) are rated under the same VA diagnostic code, and filing new claims for these conditions without legal guidance could inadvertently harm your case. An attorney ensures that you don’t “shoot yourself in the foot” by filing unnecessary or counterproductive claims.
3. If Your Case Has Been Denied or Severed
If your claim has been denied or your benefits have been reduced (severed), hiring an attorney is critical. Many veterans believe that if their claim is denied, there’s no hope for future success. However, many VA decisions can be appealed successfully with the right approach.
An attorney will review your rating decision and all the medical evidence submitted to determine whether the VA made any legal or procedural errors. Sometimes, a denial may be the result of insufficient or improperly presented evidence, or the VA might have overlooked a key element in the veteran’s medical records.
Moreover, if the VA threatens to reduce or sever your benefits, an attorney can intervene to challenge the decision. Veterans facing the risk of losing their benefits must act swiftly, as failing to respond in time can result in the permanent loss of compensation.
4. When You Want to Ensure the Best Effective Date
One of the most important aspects of a VA disability claim is the effective date—the date from which the VA will begin paying benefits. Effective dates can significantly impact the amount of back pay a veteran is entitled to receive. In many cases, the effective date is tied to when the initial claim was filed, but various factors can affect how the VA determines it.
For example, if a veteran has a claim for PTSD denied but later files a new claim for depression, an attorney might be able to connect the two and argue for an earlier effective date. Filing a new claim without guidance could lead to the VA assigning a later effective date, resulting in the loss of substantial back pay.
5. If You Are Unsure About the Next Steps
Even if your case has not been denied, you may reach a point where you’re uncertain about how to proceed. Veterans who are considering filing new claims, appealing existing decisions, or reopening old claims often benefit from an attorney’s insight. VA disability attorneys understand how the VA operates, how different conditions are rated, and how the appeals process works.
Rebecca explains: “Sometimes, by filing a new claim, [veterans] might be shooting themselves in the foot.” This statement emphasizes the importance of speaking to an attorney before taking action, as even seemingly small decisions can have long-term consequences.
Key Considerations When Hiring a VA Disability Attorney
1. Experience and Specialization
The most important question to ask when selecting a VA disability attorney is whether they specialize in VA law and how long they’ve been practicing. The VA claims process is nuanced and involves an understanding of statutes, regulations, internal VA guidelines, and recent court rulings. Attorneys who focus exclusively on VA law are often better equipped to provide informed strategies for your specific case.
As Rebecca points out, “Someone who isn’t as practiced in the area might be able to technically get it right, but their strategy would be less informed.”
2. Track Record and Case Familiarity
It’s important to ask potential attorneys if they’ve handled cases similar to yours. Whether your case involves mental health conditions, Agent Orange exposure, or complex medical conditions, an attorney who has experience with these types of claims will be better prepared to handle your case.
Additionally, while asking about win rates may seem tempting, it’s not always the most reliable way to gauge an attorney’s effectiveness. Cases vary significantly in complexity, and the attorney’s ability to craft a well-supported appeal is often more important than their win-loss ratio.
3. Communication and Accessibility
Your comfort level with an attorney is essential. Some veterans prefer frequent communication and want to speak directly with their attorney at all stages, while others are comfortable working more closely with paralegals or staff. Understanding how the attorney handles communication and who you will primarily interact with during your case is important when determining the right fit.
Some attorneys work directly with their clients, while others delegate much of the work to support staff. Knowing your preferences and how the firm operates will ensure you have a productive and comfortable working relationship.
4. Access to Records and VA Systems
A vital tool for VA disability attorneys is access to the VA’s Veteran Benefits Management System (VBMS), which allows attorneys to access a veteran’s entire claims file. Without this access, attorneys must rely on requesting records from the VA, which can take up to a year.
Attorneys with VBMS access can see internal VA notes, compensation exams, and the status of claims in real time, allowing them to provide more effective and timely representation. This access is a crucial advantage that attorneys with significant VA law experience typically have.
Conclusion
Hiring a VA disability attorney can be one of the most critical decisions you make in your journey to secure the benefits you’ve earned. Whether you’re appealing a decision, facing complex legal or medical issues, or simply want to ensure your claims are handled correctly from the start, having an experienced attorney by your side can make all the difference.
In choosing the right attorney, consider their experience, communication style, and commitment to VA law. Above all, remember that while the VA claims process is challenging, there are professionals ready to help you navigate the system and fight for the benefits you deserve.
Also read: Who Is Entitled to Community Care for Veterans?
At Prestige Veteran Medical Consulting, a veteran-owned company, we specialize in Independent Medical Opinions (IMOs) known as Nexus letters.
Our purpose is to empower YOU, the veteran, to take charge of your medical evidence and provide you with valuable educational tools and research to guide you on your journey.
Understanding the unique challenges veterans face, our commitment lies in delivering exceptional service and support.
Leveraging an extensive network of licensed independent medical professionals, all well-versed in the medical professional aspects of the VA claims process, we review the necessary medical evidence to incorporate in our reports related to your VA Disability Claim.
Prestige Veteran Medical Consulting is not a law firm, accredited claims agent, or affiliated with the Veterans Administration or Veterans Services Organizations. However, we are happy to discuss your case with your accredited VA legal professional.
