FAQs about Attorneys*
- Aren't attorneys intentionally kept out of VA claims by the VA?
The DVA effectively excluded Attorneys from representing veterans for many years by limiting attorney fees to $10.00. No longer. Veterans may now hire attorneys to represent them if the vet files a Notice of Disagreement with a DVA denial on or after June 20, 2007, or if the Board of Veterans Appeals has reached a final decision in the vet's case. However, before an Attorney can represent you regarding a claim he or she must be accredited by the DVA. You can find an accredited lawyer at http://www.va.gov/ogc/apps/accreditation/index.html. Additional information regarding Attorney accreditation can be found on the DVA's website here.
- If I can use a Veteran Service Officer, why would I need an attorney?
There is nothing wrong with being represented by Veteran Service Officers at the beginning when you file a claim. Once the VA denies your claim and you file a Notice of Disagreement, however, you are better off with a lawyer who keeps up with constantly changing DVA laws. Lawyers in the DVA field are trained to navigate the complicated DVA legal system. They know how to analyze your claim and medical history and select the fastest path to the highest rating from the earliest effective date. When the DVA finally permitted lawyers to represent veterans, the percentage of claims reversed on appeal in the veterans' favor increased dramatically.
- Do Service Officers resent bringing an attorney into the claims process?
Once an attorney begins representing a veteran in a case, the Service Organization withdraws as the veteran's representative in that case.
- If I can afford an attorney, should I have him do all of the initial filing of my claim?
You should have a Veterans Service Officer help you file the claim. A VSO's assistance is free and they are quite competent regarding setting out the initial claim for benefits. Obtain an attorney's help if the DVA denies your claim.
- What typically happens when I consult with an attorney?
If the attorney expresses an initial interest in your case generally he or she will request a copy of your VA C-file from the VA and review the file before deciding to represent you. Obtaining the file may take several months.
- In making an appeal against a denial of VA compensation benefits are their filing deadlines to worry about?
Yes, there are, and you should be very mindful of them. One of the most important is the one year deadline to file a written Notice of Disagreement with the VA Regional Office decision denying benefits. There are many other deadlines. Laws and deadlines change. When you first contact an attorney have ready copies of all correspondence you have sent to and received from the VA for review by the attorney so that you do not "blow" any deadlines. Until an Attorney actually accepts your case and files paperwork as your representative you should continue to communicate with and rely upon your Veterans Service Organization should you have one.
- How much do most attorneys charge to help with a claim?
Attorneys do not and by law can not charge a veteran money up front to "help with a claim." Instead, attorneys typically receive a percentage (20% is usual but subject to negotiation) of the retroactive benefits the veteran is ultimately awarded by the DVA. If no benefits are awarded, the attorney collects nothing.
- How do I know an attorney is not going to charge for lengthy procedures, only to lose my appeals case?
Your Attorney will not ask you for money up front because he or she will be paid from the lump sum of retroactive benefits you receive when you are first awarded DVA compensation benefits. Normally the lawyer will receive 20% of the back pay. You will not be paying any additional funds out of your monthly benefit checks. If your appeal is unsuccessful, the attorney collects nothing. The attorney is motivated to win your case because only if you win does he win.
- Doesn't the DVA provide attorneys like courts provide Public Defenders for those who can't afford to pay for legal assistance?
No.
*The content of this web site is intended for informational purposes only. It is expressly not intended to be legal advice, and should not be relied upon as such for any reason. All legal advice, especially legal advice regarding a specific case, should be obtained only after communicating directly with an attorney.
