1. What the VA doesn't tell you
- Legal standards
- DC
- Evidence needed
- How to obtain evidence
2. Evidence
- Investigators
- Medical experts
3. Knowing the law
- The VA frequently fails to apply the law correctly in disability claims. If you don't know the law, how will you know if the VA is applying it correctly. We know the law and we force the VA to apply the law correctly
- Examples
- Benefit of Doubt
- Standard of Proof
4. Gathering the evidence
5. Arguing
6. Appealing
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For many years veterans have been frustrated by the difficulty of finding a lawyer to help them with their veterans disability claims for pension and compensation. However, this new law should now make it much easier to find lawyers since the new law lifts the ban on hiring attorneys early in the process. It should be noted that there are some groups still trying to get this law changed back. Hopefully these groups will be unsuccessful and I will keep my eye on the situation and report anything I learn. |
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So how will hiring a lawyer help you with your VA disability claim? Any of you who have had any experience in dealing with the VA now realize that although the system is supposed to be a veteran friendly system it can oftentimes be anything but that. The laws that govern VA compensation and pension claims are extremely complex and many times difficult to understand. Lawyers go to law school to learn how to read and understand complicated laws and regulations. They can use this knowledge to apply the law to the facts of your particular case and present the best case possible in the form of a brief or oral argument to help you win. Probably the most important function of a lawyer is to develop the evidence you need to win your particular case. Often times these cases require additional medical development including reports from doctors. A lawyer can help you find evidence the VA might have told you does not exist or they were unable to find. A lawyer can also craft a letter to your doctor or an independent medical exam. This can be extremely important. The VA can be very particular about what is acceptable report from a doctor and they will often disregard reports from doctors if they don't use the language the VA considers acceptable. Not every case needs a lawyer but if you were already denied, or are having difficulty understanding the VA system and laws and how they pertain to your particular case, it may be a good idea to consult with one. If you have any questions do not hesitate to e-mail me. |
