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Should I Get a Veterans’ Disability Lawyer?

January 18, 2022

While the U.S. Department of Veterans Affairs (VA) disability benefits system is intended to serve veterans who have served their country, filing a successful claim can be extremely challenging. It can also be extremely time-consuming; and, if your claim for benefits is unsuccessful, you may find yourself needing to start over or file an appeal. With this in mind, it is best to hire a veterans’ disability lawyer to help you.

Experienced veterans’ disability lawyer Karl Truman understands the challenges faced by veterans. After serving in the U.S. Army Reserve for nearly 30 years, he retired with the rank of lieutenant colonel. He is committed to helping U.S. Veterans throughout Kentucky and Indiana obtain the VA benefits they deserve.

What To Expect from Your Veterans’ Disability Lawyer

What can (and should) you expect from your legal representation? When you hire an experienced and reputable veterans’ disability lawyer, your lawyer will: 

1. Determine Your Eligibility for Veterans’ Benefits 

Unfortunately, suffering an injury related to your service isn’t enough to establish your eligibility for veterans’ benefits. It should be, but it isn’t. You need to meet certain other criteria as well, and you need to be able to prove that you are eligible to the VA. 

The VA makes this clear: “When you file a disability claim, we review all available evidence (supporting documents) to determine if you qualify for benefits.” If you don’t submit all necessary evidence, the VA will deny your claim, and you will be forced to try to overcome the denial. A veterans’ disability lawyer can help with proving your eligibility—whether you are just starting the process or the VA has already raised issues with your claim for benefits.  

2. Guide You Through the VA Benefits Application Process

Given the risk of having your claim denied (and the additional delays this can cause), it can be extremely beneficial to have a veterans’ disability lawyer to guide you through the application process. Not only can your lawyer determine your eligibility and make sure you have the evidence you need to prove your right to benefits, but your lawyer can also assist with all of the required paperwork. This includes:

  • Choosing the right VA form (or forms) to submit with your application for benefits; 
  • Making sure you apply for the right type(s) of veterans’ disability benefits; and, 
  • Correctly completing all of the required forms. 

3. Help Make Sure You Receive an Accurate Disability Rating

When you apply for veterans’ disability benefits, one of the most important decisions you will receive (in addition to the VA’s decision regarding whether to approve your application) is the VA’s decision regarding your disability rating. This rating – along with your family status (i.e. whether you have dependents) and certain other factors – will determine the benefits you receive on a monthly basis. 

Receiving an accurate disability rating could be the difference between receiving hundreds of dollars or thousands of dollars per month in veterans’ benefits. For example, if you are married with a child, a 40% disability rating entitles you to $801.28 in monthly benefits (as of December 1, 2021). However, if your disability rating is 80%, then you are entitled to a “basic rate” of $2,035.43, and you may also qualify for additional benefits. 

4. Appeal the VA’s Decision Regarding Your Eligibility or Disability Rating

Even with a veterans’ disability lawyer representing you, you may still need to file an appeal. No lawyer can guarantee that your claim will be successful, and in some cases there is simply nothing that can be done to prevent the VA from issuing a denial. 

Appealing a veterans’ benefits denial starts with filing a Notice of Disagreement with the VA. After this, you have some choices to make. For example, should you request a hearing? Or, is it in your best interests to ask the decision review officer (DRO) to reconsider your application on its own merits? A veterans’ disability lawyer can help you make smart choices and handle the appeals process on your behalf.

5. Represent You On a Contingency-Fee Basis

Finally, when you get a veterans’ disability lawyer to represent you, your lawyer will handle your case on a contingency-fee basis. You don’t have to pay anything for the initial filing of your application, and you don’t have to pay anything at all unless your lawyer helps you collect past-due benefits. If your lawyer helps you collect past-due benefits, your legal fees will be calculated as 20 percent of the amount recovered. 

Talk to a Veterans’ Disability Lawyer in Louisville, KY or Jeffersonville, IN for Free

Would you like help with your veterans’ disability benefits application? Has the VA already denied your application for benefits? If so, we are here for you. 
To get started with a free and confidential consultation, call (502) 222-2222 or tell us how we can reach you online today. The Karl Truman Law Office serves veterans throughout Louisville, Kentucky and Jeffersonville, Indiana.