A good VA disability lawyer can be an incredibly useful ally when trying to obtain veterans’ benefits. Even though the VA is required by law to provide you with free help on your claim, their definition of “help” can often be lacking. Most veterans say they don’t really understand what is going on with their claims and where they are in the process at any given time.
An experienced VA disability lawyer can make sure that you understand the veterans claims process and receive correct and complete information on your rights and responsibilities, and he or she can advocate on your behalf to push your claim forward.
How Can You Tell a Good VA Disability Lawyer From a Bad One?
Just like in any other business, there are good, honest people working as VA disability lawyer, and there are those who are simply out to make a quick buck. So how can you know who to trust?
For a free legal consultation, call 800-562-9830
Don’t trust anyone who tries to get you to pay for them to file your initial claim.
Under current law, vets cannot even hire representation until their initial claim has gone through the Regional Office and they have been denied veterans benefits. It doesn’t seem very fair, but it’s the law, and anyone trying to get veterans’ business before this happens is scamming them. After their claim has been denied, veterans have 120 days to hire representation and appeal the VA’s decision or they lose the ability to appeal.
Don’t trust anyone who takes your word about the disability claim.
This may seem odd, because obviously vets want their lawyer to trust them and vice versa, but all it really means is that a good veterans attorney needs to reads the claims file rather than simply listening to a veteran’s side of the story and telling them what they want to hear – “Absolutely! I can help you win this claim in a heartbeat!”
Why? Because as mentioned above, many vets don’t really understand the nuances of VA law, and with good reason – even to professionals, it’s not intuitive or clear-cut. To actually learn what’s happening in the process, what the VA has already done, and what steps the lawyer can take next, reading the file is key.
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What Do Good VA Disability Lawyers Need to Know?
It may seem obvious, but the number one thing a veterans’ representative should know is VA law. This means having Title 38 of the US Code close by, which contains VA law and regulations, as well as knowing the Claims Adjudication Manual (M21-1). Actually having this documentation is incredibly important, because it’s fairly common for the VA to assert something as “law” that is not, and the only way to know for sure is to compare what the VA has done to the Code as written. And for older cases, representatives should have access to VA regulations that applied at that time. No one wants to be denied veterans benefits because their lawyer was following the wrong code.
Good VA representatives should also at least understand basic medical concepts and terminology. Vets should ask potential reps if they have medical sourcebooks and dictionaries like The Merck Manual of Medical Information, Dorland’s Medical Dictionary, The Physician’s Desk Reference, and DSM-IV (for mental disorders).
If a VA disability lawyer passes all of these tests, it’s likely that he or she knows what they’re doing and can help with veterans claims process.
Call or text 800-562-9830 or complete a Free Case Evaluation form
