The Department of Veterans Affairs provides a wide range of disability benefits to veterans who have been injured in the line of duty. However, the application process for these benefits, which are intended to provide critical medical care and financial support, isn’t always straightforward. Many applicants encounter bureaucratic hurdles that leave them waiting longer for their service-connected disability rating.
It is for this reason that the Department of Veterans Affairs permits claimants to hire a veterans disability benefits lawyer. For those who have dedicated their lives to serving their country, it can feel frustrating to face obstacles when seeking the benefits they’ve rightfully earned. In this blog, we’ll go over the challenges veterans commonly encounter when filing a claim for disability compensation and how the experienced attorneys at Perkins Studdard can help their claim succeed.
VA Disability Claims – Necessary But Difficult to Navigate
The VA disability claims system is designed to compensate veterans for injuries or illnesses arising from military service. While this might sound straightforward, the claim process itself can be complicated for those who have never been through the system before. Gathering relevant evidence, submitting claim forms, and attending hearings or evaluations are all necessary steps that must be done carefully to avoid delays or denials.
Many service personnel with disabilities struggle with proving their service connection (demonstrating that their medical disability is linked to their military service). Without strong evidence, the VA may deny a claim for disability compensation, which is where legal representation becomes important. Veterans disability lawyers can help their clients gather military records, medical records, hospital reports, witness statements (also known as buddy statements), and other relevant evidence to make sure their claims are presented accurately from the start.
Common Challenges Veterans Face When Filing Claims
When filing a disability benefits claim, you may encounter several challenges. One of the most common problems is a lack of documentation that clearly links an injury to a service event. This can be especially difficult for veterans dealing with service-connected conditions that develop over time, such as PTSD, certain mental health conditions, or even cancers.
Delays are another major hurdle. The VA system is known for long processing times, and you may find yourself struggling to cover medical bills and living expenses while waiting for a decision. Additionally, it’s not uncommon for standard claims to be denied or under-rated if the VA believes the evidence is lacking or misjudges the severity of the medical condition.
With legal representation, you can address these problems head-on. A VA disability lawyer knows how to gather the documentation needed to prove your injury’s service connections and can ensure all forms are submitted correctly and on time. If your initial claim is denied, a lawyer can guide you through the appeals process, so that you have the best chance of securing the disability compensation benefits you need.
Was Your VA Disability Claim Denied?
When the VA denies a disability claim after months of processing time, it can be disheartening, but a denial doesn’t mean the end. Veterans have the option to appeal the VA’s decision, but doing so can be complicated and time-consuming. For best results, you need to understand VA regulations as well as know what evidence to gather and what the procedural deadlines are. Those who try to request a decision review often find themselves overwhelmed by the paperwork and deciding which type of appeal is best for their situation.
Lawyers who focus on veterans disability law know what evidence the VA is looking for and can help gather the medical evidence and buddy statements needed to make an appeal stronger. They also know how to build a strong case that addresses the reasons for the denial, thereby giving you a better chance of success.
Appealing a disability claim denial can be long and frustrating. Depending on your situation, you may have to attend hearings or provide additional evidence over time. Having a lawyer by your side can help keep your case on track and ensure that deadlines are met.
Do Veterans Represented by Counsel Have a Higher Success Rate?
Veterans with disabilities have a variety of accredited individuals and organizations they can turn to for help in filing their claims for disability benefits. However, those represented by attorneys see the lowest denial rates when appearing before the Board of Veterans’ Appeals (BVA). According to the BVA’s Annual Report for Fiscal Year 2020, veterans with attorney representation face a denial rate of just 14.8 percent, significantly lower than the overall average of 20.3 percent.
Moreover, veterans who work with attorneys experience the highest rate of success, with 40.9 percent of cases resulting in approvals, compared to the average success rate of 33.8 percent. Claims agents also provide effective support, with a 33.2 percent success rate. Attorneys also had the lowest rate for remands, which returns the case for more evidence development before a final decision and adds additional time to the process. For these reasons, attorney representation stands out as the strongest option for veterans seeking favorable outcomes.
The reality is that most veterans with disabilities are unaware of all the requirements needed to successfully file a claim or overturn a VA decision. Legal representation confirms that the right forms, evidence, and arguments are presented in the most persuasive way possible. If you’re wondering whether hiring a lawyer is the right decision for your case, consider the increased chances of success and the support a lawyer can provide.
What Does a VA Disability Lawyer Do?
As we stated at the beginning, the path to receiving VA disability benefits is filled with obstacles like complicated paperwork, confusing procedures, and long waits for a decision. A VA disability lawyer does more than fill out the forms correctly – they provide the knowledge, experience, and support necessary to turn the tide in your favor. Here’s how they can make a meaningful difference in your case.
Understanding Your Situation
When you work with a lawyer, they don’t just review documents – they take the time to understand you personally. This includes digging into your personnel records, examining your medical records, and identifying where the VA’s decision may have missed the mark. By truly listening to your experience, they can pinpoint what’s needed to build a compelling case.
Clarifying Your Eligibility
Disability benefits payments are only available to veterans who meet strict requirements. Figuring out if you meet these criteria can be frustrating and confusing. A VA disability lawyer cuts through the red tape and helps you understand exactly where you stand. If you’ve been wrongly denied benefits because of eligibility issues, they fight back and insist that the VA hears your full story.
Gathering the Evidence That Matters
The VA disability claims process depends heavily on evidence, and knowing what’s needed to support a successful claim can make all the difference. Your lawyer steps in to gather the key documents that give a complete picture of your condition:
- Medical records and accident reports that paint a clear picture of your current condition.
- Service treatment records (e.g. hospital records or post-deployment exams) that establish a direct link between your military service and your current disability.
- Personal statements from your or those who served with you, as well as from family members, to further strengthen your case.
- Additional documentation such as separation documents.
Once they’re submitted, your attorney will keep you updated on your claim status.
Guiding You Through an Appeal
Those who try to launch a VA benefits appeal without professional representation often face difficulties since VA rules and regulations are complicated and ever-changing. A prime example occurred in August 2017, when Congress passed the Veterans Appeals Improvement and Modernization Act (P.L. 115-55). This legislation transformed how veterans could challenge denials of their disability compensation claims, with the new options taking effect in February 2019.
Previously, you were limited to filing a Notice of Disagreement (NOD) to appeal directly to the Board of Veterans’ Appeals (BVA). Now, veterans have additional paths to choose from: they can request a Higher-Level Review (HLR), submit a Supplemental Claim (SC) to the VA Regional Office, or appeal directly to the BVA in one of three appeal lanes. Professional representation can help veterans pursue the most effective strategy for their case.
Representing You at Hearings
If your appeal reaches the stage where a hearing is necessary, having a lawyer represent you can be a game-changer. They’ll stand by your side and handle the questions, the legal jargon, and the evidence, making sure nothing is left unsaid. In the hearing room, they are your voice – loud, clear, and committed.
Ensuring You Get the Right Compensation
The compensation you receive from the VA depends on your current disability rating, and sometimes that rating doesn’t fully reflect the severity of your current condition. Your lawyer fights to make you get the correct disability rating, whether through appealing an initial decision or requesting a re-evaluation as your condition worsens. Their goal is to make sure you receive every dollar of compensation you deserve.
How Much Does a VA Disability Lawyer Cost?
Cost is one of the most common concerns veterans have when considering legal representation. Many worry that they cannot afford a lawyer, especially if they’re already facing financial difficulties due to their injury. The good news is that most VA disability lawyers work on a contingency fee basis, which means you don’t pay anything upfront. Instead, the lawyer’s fee is contingent on winning the case.
This fee structure ensures that you don’t have to worry about out-of-pocket costs. It also aligns your interests with that of the lawyer, as both of you are working toward a successful outcome. You can feel confident knowing that your attorney is fully invested in helping you win your case.
Questions? Speak to a VA Disability Lawyer Today
If you’re struggling with the VA disability claims process or facing an appeal after a denial, call the experienced attorneys at Perkins Studdard. You’ve earned these benefits, and now that you need them, we’re here to fight for you. For more information or to schedule a free consultation, call our office in Carrollton, Georgia at 770-872-7930. We represent veterans and their families nationwide.
