Veterans Law Attorneys Marion Indiana Lawyers
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FAQ Indiana Veterans Benefits Attorneys Marion Lawyers
http://www.lawyers4veterans.com 866-974-0705 Bosley McKown & Bratch handles claims regarding veterans benefits. For representation, contact the firm in Marion, Indiana. The firm serves clients in Kokomo, Fort Wayne, Richmond, Muncie, Anderson, Indianapolis, Jeffersonville, Evansville, Columbus, Bloomington, Terre Haute, Lafayette, Goshen, Elkhart, South Bend, La Porte, Michigan City, Valparaiso, Hobart, Gary and East Chicago. legal,insurance,Muncie,anderson,lafayette,terre haute,Richmond,marion,Health,Kokomo,fort wayne,Hobart,Columbus,Bosley McKown & Bratch,Indiana,claims process,Indianapolis,Military,East Chicago,video,Goshen,valparaiso,jeffersonville,La Porte,Bloomington,Elkhart,south bend,Michigan City,Evansville,vocational,representation,Gary,Law Firm,educational,case,attorney,lawyer,veterans benefits, FAQ Indiana Veterans Benefits Attorneys Marion Lawyers
Do I Need a Lawyer?
Are you frustrated by the confusing complex world of VA rules?
Are you wondering why the VA system is so complicated?
Do you feel like the deck is stacked against you?
Do you feel like no one is listening to you?
Do you feel like no one is helping you?
Do you feel like no one is on your side?
If you answered yes to any of these questions read on.
1. Can I hire a lawyer to represent me?
YES YOU CAN! You can hire a lawyer to represent you at ANY TIME. However, the lawyer may only charge a fee in the following circumstances:
- If notice of disagreement is submitted after June 20, 2007 you can hire a lawyer after the filing of that notice of disagreement or if the case is at the Court of Appeals for Veterans Claims.
- If a notice of disagreement is submitted before June 20, 2007 then you can hire an lawyer after the first final decision by the BVA or Board of Veterans Appeals, if you hire them within one year.
Generally, this means that lawyers don't get involved unless the cases is on appeal or ready for filing an appeal. Lawyers generally do not represent veterans in the initial claim. This is because the VA's regulations prohibit lawyers from charging a fee for work performed during the initial claim. Is this fair? No, veterans should be able to decide if they want to hire a lawyer and when. It should be the veterans choice not the government making that choice for veterans. Rick Weidman, the Vietnam Veterans of America's director of government relations put it best when he said "It's absurd that an enemy combatant has a right to an attorney but a disabled American veteran does not." Even so, we welcome inquiries on initial claims as frequently we can steer veterans in the proper direction and help them avoid some of the pitfalls the VA places in their way.
2. We Know the Law
The laws that govern the VA are over 2,000 pages long. This doesn't even include the court case decisions and various other additional rules. These laws change daily. To make matters worse, the VA frequently fails to apply the law correctly and this usually results in a decision that favors the VA not the veteran. We know VA law and, more importantly, we know how to use the law to your advantage and how to hold the VA accountable when it fails to apply the law correctly.
a. Legal Standards
The VA actually has some great legal standards that benefit veterans including:
i. Duty to Assist
The VA has a legal duty to help veterans in the development of facts in their claim by telling them what evidence is needed to prove their claim.
ii. Benefit of Doubt
When there is an approximate balance of positive and negative evidence in a claim the benefit of doubt is given to the veteran. This means a tie goes to the veteran. We fight for the veteran to make sure the VA follows its own rules and regulations.
b. Rating Level
If a veteran is granted service connected disability for a physical injury, disease, illness or mental disorder the VA will assign a rating according to the current severity of the symptoms. The VA frequently under rates veterans disability claims either by not giving fair weight to the severity of the situation or by saying there isn't sufficient evidence without telling the veteran what evidence is needed. Many times veterans appeal these decisions believing they are under rated but don't really know why.
How can we help? WE KNOW THE LAW. We know what rating the VA should sign based upon your symptoms and will both obtain evidence to document the severity level and point out to the VA the appropriate level of rating. It is this legal knowledge and ability to hold the VA accountable in a court of law that makes us the equalizer in the VA system.
3. Proving your case/Gathering the evidence
A. An investigator to prove in-service incidents
Unlike most service organizations and veterans service officers, we have an investigator who is trained and experience at finding evidence proving service connection. This is particularly true with older veterans and cases due to the amount of time between service and the claim. Specifically, our investigator helps locate documents and witnesses that provide proof of in-service incidents. This is particularly true in cases of post traumatic stress disorder where veterans may be unable to locate records documenting stressful events or unable to locate witnesses who could document a stressful event. To make matters worse, on July 12, 1973, a fire at the National Personnel Records Center in St. Louis destroyed 75-80% of the Army and Air Force records for service members who served up to 1964 (1960 for Army and 1964 for Air Force). This has placed an outrageous additional burden on veterans.
We are also proud of the fact that as a result of our success in tracking down witness we have helped numerous veteran reestablish contact with battle buddies they have spoken to since there time in service, many of whom stay reconnected. This provides an enormous amount of comfort to veterans who are able to find someone who understands what they have been through.
B. Access to medical experts prove a diagnosis and connection to an in-service event.
The VA has very specific rules about what medical evidence is needed to prove a claim and will not hesitate to deny a claim that doesn't meet the specific medical requirements. This can be a simple a word or two in the way a doctor expresses an opinion. We work with treating doctors (VA and civilian) by providing them helpful information about your condition that may assist in obtaining an accurate diagnosis including statements from the veteran and various family members, friends and co-workers. We also assist them in understanding the legal requirements for proving your claim.
Additionally, we have working relationships with various private medical professionals and other experts (vocational, etc.) outside the VA system that review veterans' claims, perform examinations and write reports.
If you have any questions, do not hesitate to call or contact Bosley, McKown & Bratch. Our firm has helped veterans here, in our home state of Indiana, and in more than half of the states nationwide. For a free consultation — call 1-866-974-0705 (toll free) or contact us online.
