How to Hire a VA Disability Lawyer

Applying for disability benefits through the VA can be a long, frustrating process. Many veterans—especially those who recently separated from service and are focused on reintegrating into civilian life—don't necessarily have the time or energy to spare on navigating the VA labyrinth and could benefit from professional legal advice.

VA disability laws are complex and frequently change. While you aren't required to hire a lawyer in order to get benefits, having an attorney by your side can help avoid a number of headaches. Learn how working with an attorney can help keep you up to date on the regulations, avoid missed deadlines, and sidestep common pitfalls for veterans seeking disability compensation.

What Do VA Disability Lawyers Do?

Simply put, VA disability lawyers work with veterans to help them qualify for disability compensation. Depending on how complex your claim is, your attorney may assist you in several key areas to strengthen your claim for benefits.

Establishing Service Connection

One of the most important components of getting VA disability benefits is demonstrating a link ("nexus") between the veteran's time in service and their current medical condition. A VA lawyer can get evidence of the incident that occurred on active duty in order to establish direct, aggravated, or secondary service-connection.

Increasing Your Disability Rating

Your disability rating is an important factor that the VA uses to determine how much you'll receive in monthly compensation, and disability ratings are based on the severity of the functional limitations documented in your medical records. Your lawyer can obtain these records and submit them to the VA with the goal of increasing your disability rating (and therefore how much money you'll receive every month), so hiring one often makes good financial sense.

Appealing a Denial of Benefits

Not all veterans are immediately granted VA disability compensation, and many vets opt to appeal the denial. The process can take a long time, however, and you'll need to choose the appeal method most appropriate for your claim. Your lawyer can help you make a decision on which method is best for you, gather the evidence needed to strengthen your case, and represent you in front of the Board of Veterans' Appeals if necessary.

Getting a Discharge Upgrade

Eligibility for VA compensation often depends on whether or not you were discharged under honorable conditions. If you were separated from service with an other than honorable or bad conduct discharge, you might not automatically qualify for disability benefits. A VA lawyer may be able to get you a discharge upgrade or a character of service determination so that you can become eligible for disability benefits.

Do I Need to Hire a VA Disability Attorney?

It depends. You can file for benefits on your own, but if you're dissatisfied with the outcome of your application, you should probably hire a lawyer. Consider getting an attorney if:

• you don't think the VA gave you a high enough disability rating
• the VA said your medical condition wasn't service-connected
• you're having trouble getting records from military or civilian doctors
• you aren't currently eligible for disability due to your discharge status
• the VA reduced or terminated benefits you're already receiving, or
• you received a garnishment notice for overpayment of benefits.

Veterans with uncomplicated disability claims and extensive medical records will benefit less from having a lawyer. You probably don't need to hire an attorney if:

• your medical condition is well-documented with little, if any, gaps in treatment
• you have very significant functional limitations that affect your daily activities, and
• you're willing to deal with VA bureaucracy.

Many veterans submit their initial application for benefits themselves and only hire an attorney if they disagree with the decision of the VA, but some veterans prefer to have a lawyer help them with their initial application for extra peace of mind. Ultimately, it's up to you if and when you want to bring an attorney on board.

How Do I Find an Experienced VA Disability Attorney Near Me?

Many attorneys specialize in disability law, but it's a broad legal area that covers everything from military disability compensation to employment discrimination to Social Security benefits. It's important that the attorney you choose has experience handling VA disability claims specifically. Word of mouth is useful in finding a VA lawyer, but if you're not getting good recommendations from fellow vets, you can try the frequently used resources below.

Directories for VA Disability Claim Lawyers

The National Organization of Veterans Advocates (NOVA) has an online directory of lawyers and non-attorney advocates who have been accredited by the VA. NOVA-approved attorneys are required to participate in annual veterans benefits training and aren't listed in the online directory until they've had NOVA membership for at least one year. You can select "NOVA Advocate Directory" in the drop-down menu under the "Veterans Help" section of the header and add your state in the search tool to find VA disability lawyers near you.

Additionally, most state bar associations maintain an official lawyer directory where you can search all attorneys admitted to practice in your state. You can further sort the directory results by area of legal practice. Representatives may be found under categories such as "Military," "Disability," "Veterans Affairs," or something similar depending on how your state classifies VA lawyers.

You can also use two sites that are part of the Nolo family, Lawyers.com and Avvo.com, which provide free lawyer directories. These directories allow you to search by location and area of law, and they list detailed information about lawyers. You can visit www.lawyers.com/find-a-lawyer or www.avvo.com/find-a-lawyer to find out more.

Finding Lawyers Admitted to the U.S. Court of Appeals for Veterans Claims

If you were denied disability benefits following a hearing with the Board of Veterans Appeals and you want to continue pursuing your claim, you'll need to find an attorney who is admitted to practice before the U.S. Court of Appeals for Veterans Claims (CAVC). The CAVC is a special federal court created for veterans, but isn't part of the VA. Many lawyers listed in the NOVA directory can practice before the CAVC, or you can use the court's public list of practitioners to find an appeals attorney.

Questions to Ask a VA Lawyer Before Hiring Them

Choosing the right attorney for you can be a difficult decision. At the very least, you'll want a lawyer who has experience handling VA disability claims, is responsive to your questions, and will represent your interests. You can increase the odds of finding a good match by preparing for a consultation with your potential representative and asking the right questions.

Be ready to discuss the basics of your medical condition as well as the in-service incident that caused the illness, injury, or impairment. It helps to have a timeline of any major medical treatment you've received, such as surgery or other in-patient hospitalizations. During the consultation, it's best to keep things brief—don't go on unrelated tangents or air grievances about the VA doctors. Once you've given your potential representative a quick background on why you're applying for disability benefits, consider asking the following questions:

• Are you a VA-accredited attorney?
• How long have you been practicing veterans law?
• When did you last attend a veterans' law training?
• Have you handled claims involving my medical condition(s) before?
• When do you think is the earliest effective date possible for my benefits?
• What do you think is the highest possible rating for my disability?
• Have you been admitted to practice before the CAVC?
• If so, will you represent me all the way up through the CAVC?

Don't feel obligated to go with a lawyer who you don't think is a good fit for whatever reason. Some veterans are more comfortable with an attorney who has also been in the military, while others may prioritize different qualities. But you should avoid a lawyer who guarantees that you'll get VA disability compensation or promises you an exact percentage rating. Your attorney should be honest with you about the strengths and weaknesses of your claim so that you can realistically approach any hurdles you might encounter together.

How Much Does a VA Disability Lawyer Cost?

Many veterans are reluctant to hire an attorney for their disability claim because they're concerned about whether the cost is justified. It may help to hear that most VA lawyers work on contingency, meaning your attorney won't get paid unless you win your claim and are awarded benefits. Additionally, VA attorneys often provide free consultations, so there's little risk in asking around to find a lawyer who you're comfortable working with.

Contingency Fee Agreements for VA Disability

VA disability fee agreements typically involve you agreeing to allow your attorney to take 20% of any past due disability compensation you're owed, taken directly out of your lump sum payment from the VA. (38 CFR 14.636 (h)). Other types of fee agreements, where your lawyer isn't paid from the VA but directly from you as the client, are statutorily capped at 33.3% of your past due benefits. (38 CFR 14.636 (f)).

VA attorneys can set their own fees for cases involving discharge upgrades and may charge these fees up front before they begin work on the case. These amounts vary, so if you're seeking a discharge upgrade in order to qualify for disability compensation, you should ask any prospective lawyers what they charge.

Free or Low Fee Lawyers for VA Disability

Veterans can often benefit from free (pro bono) or reduced cost ("low-bono") representation. Below are some national and regional resources available to veterans who may qualify for legal aid and advocacy.

• The National Veterans Legal Services Program provides free individual representation to veterans appealing a denial of disability benefits to the CAVC. The organization also helps with discharge upgrades and combat-related special compensation.
• The Veterans Consortium Pro Bono Program provides free representation to veterans who are appealing any case that was rejected by the BVA, including decisions denying disability benefits.
• The GI Hotline is a network of twenty veterans service groups that provides assistance with discharge upgrades and other legal matters for both vets and active duty military members.
• The Modern Military Association helps with discharge upgrades and military records corrections for gay, lesbian, and transgender veterans who've been affected by bans on serving openly in the military.
• Swords to Plowshares provides legal assistance to veterans who live in the San Francisco Bay Area by helping them obtain disability benefits and discharge upgrades.

Additionally, the VA provides a comprehensive list of pro bono legal clinics organized by state. Some law schools run legal clinics for veterans where they can get free assistance from law students who are supervised by licensed attorneys. You can use the American Bar Association's veterans directory to find other local programs providing legal assistance to veterans.

Additional Resources for Disabled Veterans

If you're just starting to file for VA benefits, you might not need an attorney—instead, you can contact a representative from a veterans service organization (VSO) to assist with your application. The VSO agent can help you gather the medical records you need to get a service-connected disability rating.

Some veterans can also qualify for Social Security benefits if they're unable to work full-time for at least one year as a result of their disabling medical condition. The Social Security Administration has a different definition of disability than the VA does, however, so if you're thinking of applying, you might want to speak with a lawyer who specializes in Social Security disability law.