Veteran Disability Attorney in Chicago
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Chicago, IL 60603
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Chicago Veterans Benefits Lawyers
As a veteran who fought bravely for your country, the last thing you expect is to have your veterans benefits claim denied by the Department of Veterans Affairs. Unfortunately, this is the sad reality many veterans have to deal with as they battle various injuries or illnesses acquired during their time in service. If your or your loved one's claim has been denied, you may need to speak with Chicago veterans benefits lawyers.
Before we discuss how these attorneys can help, here are some statistics about veterans benefits denials to give you a better perspective of the importance of working with an attorney.
According to a 2020 report from the VA, the department made 85,451 Board Legacy Decisions and 17,202 AMA decisions.
The results from the Board Legacy Decisions were as follows:
- Only 33.8% of the claims were allowed.
- Around 40.6% of the claims were sent back for reconsideration
- Around 20.3% of the claims were denied.
The results from the Board AMA were as follows:
- Only 37.8 claims were approved
- About 40.6% of the claims were sent back for reconsideration
- About 27.6% of the claims were denied
It should be noted that the above results only belonged to claims filed without an attorney. From the data above, the approval rate for claims filed without an attorney sits below 50%. Now, let's look at the results of claims filed by veterans with legal representation.
According to the report, the results for attorney-represented claims were as follows:
- At least 40.9% of the claims were approved
- At least 38.5% were sent back for reconsideration.
- Only 14.9% of the claims were denied.
These results are the clearest indication yet of the role of a veterans benefits lawyer in helping veterans apply for the benefits they need and deserve.
But how exactly do veterans benefits lawyers help in these situations? That question brings us to the next point.
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How Can a Veterans Benefits Attorney Help?
If you believe that you or your loved one is eligible for disability benefits, an experienced attorney can help in the following ways:
Determining Whether You Have a Valid Claim
This is usually the most important part of the process. Suppose you have not yet filed a claim with the VA. In that case, an experienced attorney can help determine whether you have enough reason to file the claim in the first place. The VA denies applications for the following reasons:
- The veteran's disability or illness was caused by their misconduct
- The veteran got injured while avoiding duty, such as being absent without leave
- The veteran was dishonorably discharged
- The veteran got injured while serving time in prison or while being detained for a crime
Providing Customized Legal AssistanceVeterans benefits attorneys can help provide customized legal representation. This is because each claim is unique and requires individualized attention. Although there are many nonprofit organizations that provide legal representation for veterans, most of these organizations are usually under-funded and ill-equipped.
On the contrary, working with veterans benefits attorneys increases the chances of your claim being approved because these attorneys provide legal representation customized to your specific situation. Besides, they have the resources required to build a strong case on your behalf to convince the VA that you are eligible for benefits.
Offering Expert Legal Advice
A veterans benefits attorney can provide expert legal advice for your specific case. Since VA laws change every year, a veterans benefits attorney is in a better position to help you make informed choices.
This is because the attorney is experienced in VA laws and is constantly updated about new and upcoming changes. As a result, having such an attorney significantly increases the chances of your claims being approved by the VA.
For example, the VA cancels disability benefits for different reasons, usually without prior notice. A seasoned attorney can help you understand what you need to do or avoid to keep your benefits.
Maximizing Your Benefits
You may be eligible for more benefits from different government programs, depending on the nature of your case. Your attorney will review your case and devise various ways to help you maximize your benefits. For example, if you cannot work due to your injuries or illness, you may be eligible for additional benefits from the government.
Your attorney will discuss your options, ensuring you receive the compensation you need and deserve.
Evaluating Your Options
Speaking of evaluating options, note that each case is different. Therefore, there is no one-fits-all approach to applying for disability benefits.
For instance, if you do not qualify for disability benefits, you may still have other options such as:
- VA health care
- Travel pay reimbursement
- VA dental care
- VA vision care
- Service-Disabled Veterans Life Insurance
And so much more.
Speak with an experienced disability benefits attorney to find out your options.
Another example is if you served at Camp Lejeune. This information opens up a whole new list of possibilities you never knew existed. The attorney might be able to help you file a camp Lejeune toxic water lawsuit.
Handling Crucial Paperwork
The veterans benefits attorney can also help with all the paperwork needed to process your claim. This process usually requires mountains of paperwork, which should be filled out correctly and submitted promptly and to the correct department.
Certain mistakes could jeopardize your claim, and that is the last thing you want at this point when you are struggling with a disability or illness. With an experienced attorney, you do not have to worry about taking care of all this paperwork on your own. The lawyer will do all the heavy lifting for you, allowing you to focus on feeling better or managing your current situation.
Understanding of Common Reasons for Claims Denials
Another great benefit of working with an attorney is that they understand why the VA denies these applications. As a result, they can always help you avoid these mistakes, increasing your chances of getting approved. Some of the most common reasons for denial include:
- Lack of sufficient evidence to support the disability
- Lack of sufficient evidence to connect the disability to your military service
- The disability was caused by a pre-existing condition and not your service in the military
Still not convinced? Here is a more detailed guide on why it is always advisable to hire a veterans benefits attorney to represent you.
What Should I Look for in a Veterans Benefits Attorney?
The truth is, not every veterans benefits attorney you come across has what it takes to represent you. And when it comes to filing a claim with the government, you need the right people to help streamline the process.
Remember, you are not the only one filing this claim; thousands of other potential candidates are waiting in line for the same benefits.
Secondly, depending on the nature of your disability or illness, you may be unable to deal with the stress and pressure of filing a claim with a government agency. Although you may need help, you need to know where to find it. Precisely, you need to know the difference between an ordinary attorney and a competent one.
If you are looking for the right attorney to trust with your application for disability benefits, here are some quick tips to guide you:
Are They Accredited by the VA?
You can only be represented by an attorney who has been accredited by the VA. If the attorney in question does not have a VA accreditation, you should not consider working with them.
Do They Have the Experience to Fight for You?
Consider working with an attorney with vast experience handling these kinds of cases. Such an attorney would be willing to share their success stories with you.
Do They Have the Resources to Build a Strong Case for You?
The availability of legal resources is usually an underrated requirement. To prove your disability, you need an attorney with the resources to help you build a powerful case. This could include collecting evidence from different sources, conducting medical examinations, interviewing witnesses, gathering expert opinions, etc.
If the attorney or law firm does not have the resources to fight for you, chances are they will present a weak case, giving the VA one more reason to reject your claim. And since their attorney or law firm failed to present a strong case in the first place, they may not be able to build a stronger case during the appeals process.
How Much Does It Cost to Hire a Veterans Benefits Attorney in Chicago?
The cost of hiring a veterans benefits attorney will depend on the policies of the attorney or law firm you contact. That said, most law firms, including Morgan and Morgan, charge their clients a contingency fee.
This payment arrangement works best for these claims because the claimant does not need to pay any money upfront. Instead, in a contingency arrangement, the attorney or law firm pursues the claim without payment from their client. The only time they will be paid is when they win the case. Therefore, if they do not win, they don't get paid.
How Long Does The VA Take to Process a Disability Benefits Application?
The processing time for VA claims is usually around five months. However, this will depend on different factors, such as government backlogs, errors in the applications, etc. If you are concerned that your claim has taken way too long, consider speaking with an experienced veterans benefits attorney. They might be able to follow up on your petition and obtain an update from the VA.
Can I File for an Increased Disability Rating?
Yes, if you feel that the disability rating provided by the VA was unfair, you have every right to file for an increased rating. The same applies if your disability has become worse over time. For best results, speak with an experienced veterans benefits attorney. The attorney will evaluate your case and provide the best possible legal advice.
Where Can I Find The Best Veterans Benefits Lawyer in Chicago?
Chicago is home to many law firms providing legal representation for veterans within the city and all over the state of Illinois. So if you are looking for a law firm with experience, accreditation, proven results, and powerful resources to fight for you, Morgan and Morgan is a phone call away.
We are the largest injury law firm in Chicago and the entire nation.
We have represented veterans in different cases and helped them secure benefits they had initially given up on. All you have to do is contact us for a free case evaluation. We will review your case, and if you have a valid claim, we will help you pursue the benefits you need to manage your disability or illness.
How Do I Contact Morgan and Morgan Veterans Benefits Attorneys in Chicago?
To contact Morgan and Morgan veterans benefits attorneys in Chicago, fill out our free case evaluation form. You can also call our Chicago office at 312-706-0550 to speak with one of our legal representatives.