Can an Attorney Speed Up My VA Disability Claim?

One of the biggest problems veterans face in the VA disability claims process is how long it takes.  It can take months, or in some unfortunate cases, over a year to get an initial ratings decision in your claim.  I’m sad to say that is usually the fast part of the VA claims process.  Claims can go on for years and years in the various stages of appeal before the claim is decided favorably.

Some veterans who contact our office want to know whether their claim will go faster if they hire us.  Can we force VA to rule more quickly and cut out all the delay?

So, what’s the answer to that question?  In typical lawyer fashion, my answer is “it depends.”

A Good Attorney Will Tell You What He Can and Cannot Do for You

From a legal standpoint, no, a veterans disability attorney cannot force VA to stop dragging their feet.  We are not their bosses and have no power over them.  There is no magic wand that we as attorneys can waive to make your claim be decided now sooner rather than later.

But, that doesn’t mean we don’t try. There are things that we can do to make it more likely that VA will decide your claim sooner.

How can we do that?  We can sum that up in two words: Evidence & Procedures.

Experience Helps Identify Missing Evidence in Your VA Disability Claim

We have looked at hundreds of veterans cases and have read lots of ratings decisions and BVA decisions.  We compare your case to those winning cases to see what’s different.  What evidence did those have that yours currently does not?  If you think of a winning VA claim as a puzzle, what are the missing pieces of that puzzle?  The sooner we identify those missing pieces and get to work on locating or developing that evidence, the sooner you can turn a denial or delay into a favorable ratings decision.

Many times, I see veterans waiting around for VA to gather or develop evidence necessary to substantiate a claim.  That may be because they simply don’t know what evidence they need or don’t know they can take the initiative and provide this to VA without VA first asking for it.  Either way, being reactive rather than proactive will make your claim move slower every time.

I always approach a VA claim with the assumption that there is something missing in the claim that is causing it to be denied.  I have been wrong.  There are times that I review a file and see that the VA simply blew it.  Everything was in the claims file that was needed for a grant of service connection or increased rating, but the VA denied anyway.  In those cases, that is when I turn my focus to the second way I can hopefully move a claim along – familiarity with procedures and choosing the shortest path to our ultimate destination.

No Shortcuts Available, but Avoid the Scenic Route

We always tell veterans who ask us to speed up their claim that no attorney (or VSO, for that matter) has special privileges or connections with the VA that allow us to fast-track claims. However, because experienced practitioners are  familiar with the various procedural and hearing options in a VA claim, we can determine which course will give you the quickest outcome while still giving you the best chance of a favorable decision.

A lawyer mentor of mine told me long ago, “If the judge is about to rule in your favor, keep your mouth shut.”  The same is true in your VA claim.  Going back to the earlier example, you may have all the evidence in your claims file needed for a favorable decision.  If that is the case, usually there is no sense in waiting around for an in person hearing.  There is nothing else to say or add.   All you can do is give the hearing officer an opportunity to find a reason to deny your claim.  An attorney will be able to make that determination based on his review of your claims file.

If the in person hearing is not necessary, the attorney can submit a written summary to the VA explaining why the evidence in the file was not considered or weighed properly the first time.   That can cut a year or more off the inevitable delay.  And, if that doesn’t work and you are denied again, you might as well know that earlier so you can appeal to a higher level of review where a correct decision is more likely.

Our Ultimate Goal

We realize that VA personnel are human.  They have a backlog of claims to decide.  We want to make your claim the easy one for them to decide so they get their “work credits” and reduce their personal backlog (note: this is how they are evaluated by supervisors on their job performance).  If we can put the right evidence in front of them without making them request it and wait for it, explain the significance of that evidence in your claim, and do that in a clear and concise way without any extra effort on their part, your claim becomes the one they want to work on.  They will push the disorganized, hard claims aside and decide yours first.  While we can’t force them to do that, it is in their own personal best interests to do so.  In short, we try to move your claim to the front of the line, or as close as we can possibly get.

See What We Can Do In Your VA Disability Claim

Remember, hiring an attorney is not a secret shortcut to getting your claim decided.  It’s all about presenting your claim in the best light possible so you get the decision you want without any unnecessary delay.  But, there will still be some delay on VA’s part until Congress truly addresses certain key issues.  If you want to see whether hiring an attorney might be the right choice for your VA claim, you can have us review your claim and have a no risk, free consultation.  Let us know if we can be of assistance to you.

 

 

 

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp. They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results. The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times. I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision. One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process. Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark. Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously. I highly recommend Perkins Studdard LLC to represent you!! Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey

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