Data published by the DVA states that attorneys for veterans benefits can improve the chances of winning disability benefits on appeal. The difference is quite significant, according to the report, veterans that went it alone, without legal assistance were denied over 35 percent of the time while those that were represented only were denied 18 percent of the time.
Of course these are only numbers, every situation is unique; some cases will fair far better when the veteran has an attorney while others won’t. There are however, a number of areas where attorneys for veterans affairs can make a considerable difference in the outcome.
They know the law:
VA law is complex and there are numerous rules and regulations that must be adhered to. The rules and laws are so complicated that even the DVA makes errors, plenty of them. Although the DVA say that their error rate is less than 15 percent, which is far too high, independent studies put the error rate at closer to 40 percent.
Attorneys for veterans benefits must be accredited by the DVA and they are obliged to stay current with the ever changing legal landscape to maintain their accreditation.
Attorneys can build a strong case:
Lawyers use all the available evidence when developing a case. If your initial claim was denied due to insufficient evidence, a seasoned attorney can help prove that you are disabled and your disability is a direct result of your military service.
May speed up a case:
There is actually no mechanism that anyone can use to speed up a case. Experienced attorney though can oftentimes gather supporting evidence, documentation and medical reports mush quicker; this in turn gets the appeals process started earlier. As the information will be correct at the time of submission, the approval time can be shortened because there will be fewer requests for clarification or addition information.
There is no doubt that attorneys for veterans benefits can help with developing a winning appeal for those denied benefits. You are invited to discuss your case with Jackson & MacNichol, Attorneys at Law.