Why should I hire an attorney to represent me in my claim for VA benefits?

As of June 2007, disabled veterans are now able to hire an attorney immediately after filing a Notice of Disagreement at the VA regional office (VARO).  

Typically, an NOD (Notice of Disagreement) is filed after an RD (Rating Decision) is issued by the VA. 

Prior to this date, veterans could not hire attorneys to assist with their legal representation until the later phases of their appeals process, which can take years to complete.

The Importance of Early Legal Representation

Hiring an VA claim lawyer early in the appeal process allows the veteran a better opportunity to present a well developed claim-file supporting the veteran’s case. 

An attorney can help ensure that all necessary evidence is gathered and presented effectively.

• Timely Evidence Submission: Attorneys ensure that all relevant medical records, service records, and supporting documents are submitted promptly.
• Expert Guidance: Legal professionals can provide expert guidance on the best strategies for presenting your claim.

What If I Want to Represent Myself?

Many veterans prefer to represent themselves initially in their battle with the VA to secure their rightful benefits.

Self-representation can seem like a straightforward approach, but it has its challenges.

Before any veteran self represents, he/she should decide whether it is worth his/her while  to “go it alone,” or opt for legal representation. 

The should also consider the following:

• Time and Effort: Self-representation often requires a significant amount of time and effort to gather and submit all necessary documentation.

• Knowledge of VA Regulations: Understanding the intricacies of VA regulations and processes can be overwhelming without legal assistance.

Challenges of Self-Representation

In most cases, because of the time it takes a self-represented veteran  to get a favorable decision from the VA,  as opposed to having a competent attorney prepare arguments, most will opt for an attorney. 

The reason being, the VA does make it a tough, and sometimes grueling process, and often times, veterans lose hope that any kind of decision will ever be made towards their claim(s).   

The key is to not get ambushed navigating through the claims process.

The veteran must understand that the VA can deny a claim for any number of reasons.

• Incomplete or Inaccurate Information: Claims can be denied if the information provided is incomplete or contains errors.
• Lack of Medical Evidence: Insufficient medical evidence to support the claim can result in denial.
• No Clear Nexus: If there is no clear link between the veteran’s disability and their military service, the claim may be denied.
• Missed Deadlines: Failure to meet filing deadlines can lead to claim denial.
• Inadequate Proof of Service Connection: Inadequate documentation proving the disability is connected to service.
• Failure to Attend VA Examinations: Missing scheduled VA medical examinations can result in denial.

Attorney vs Veterans Service Organization (VSO) Representative

The average service organization representative has over 1,000 claims.  

An attorney, on the other hand, will only take the number of veterans claims the law firm can provide competent and expert legal assistance to at any particular time.

This ensures that each case receives the attention it deserves. Attorneys do not rely on the VA to develop the evidence to support the claim.

• Focused Attention: Attorneys handle a manageable number of cases to provide dedicated support.
• Proactive Evidence Gathering: Attorneys actively gather and develop the evidence to support the claim. 

Medical and Legal Expertise

A competent law firm representing veterans in their disability claims uses medical professionals to ensure each and every claim by the veteran meets the standard of proof required by the BVA  (Board of Veterans Appeals) and the CAVC (Court of Appeals for Veterans Claims).

The goal is to prove the claim at the lowest level possible for the veteran, but at the same time prepare for any judicial proceedings. This dual approach maximizes the chances of a favorable outcome.

The Importance of Proper Representation

The bottom line when deciding whether to hire an attorney or not in obtaining rightful disability benefits is this: the key to any successful disability claim is proper representation. 

There are so many steps to take in the claims process, and, as in anything, the path a veteran takes to get from step to step is filled with traps and pitfalls for the inexperienced. 

It is essential that a veteran has appropriate legal representation by an expert attorney, one who will certainly ensure the most beneficial outcome of his/her claims, and will walk hand in hand with the veteran through the landmines that are the VA’s appeals process.