Lawyers for Military Veterans
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Lawyers for Military Veterans
Picture this: you've fought bravely for your country, and now, you're ready for retirement. Further down the road, things don't go as planned. In fact, instead of enjoying a beautiful life of retirement, you realize you have one more battle to fight — the benefits you or your loved ones deserve due to your service in the military. In such a scenario, our lawyers for military veterans may be able to help. All you need is a case evaluation, something we do for free.
Types of Cases Our Lawyers for Military Veterans Can Handle
At Morgan and Morgan, our attorneys for military veterans can handle different cases, all aimed at protecting the rights and dignity of our veterans. Here's an overview of the kind of cases we may be able to help you or your beloved with.
Appeals for Denied Disability Claims
Did you know that the VA denies most initial applications for disability benefits? If you or your loved one's disability benefits claim has been denied, our experienced lawyers might be able to help with the appeals process by presenting a compelling case on your behalf.
Military Medical Malpractice
If you received substandard medical care at military hospitals during your time in the military, you may have a valid military medical malpractice claim. These cases are usually complex, but you can count on our skilled attorneys to leverage our powerful legal resources to fight for your best interests.
Veterans' Employment Rights
Our attorneys for military veterans also handle cases involving the employment rights of retired service members. These may include workplace discrimination, wrongful termination, or violations of laws such as the Uniformed Services Employment and Reemployment Rights Act (USERRA) which was passed in 1994 to allow veterans to regain their civilian jobs after serving in the military.
Benefits of Hiring Lawyers for Military Veterans
Before you even decide to hire a lawyer, it is important that you understand and appreciate the impact and importance of such a decision. While there are many benefits of working with an experienced lawyer for military veterans, here are the most important.
Lawyers Have Experience Dealing with the VA
Getting approved for benefits by the VA is not always easy. You or your beloved needs someone who specializes in veterans' benefits cases and has extensive experience dealing with various government agencies. That's where our attorneys come in to provide the legal assistance you need for your specific circumstances. We have handled thousands of cases involving veterans and their families, and we may be able to get you the benefits you deserve.
Help With Complex Paperwork
Applying for these benefits often involves mountains of paperwork and documentation requirements. Here, a simple documentation error could prolong your case for months, not even weeks. And because many veterans may struggle with various complications due to age, health, and other factors, making it difficult for them to fill out these applications correctly, hiring an experienced attorney to streamline the process is a great idea.
Assistance With Gathering Evidence
A lack of sufficient evidence is one of the reasons the VA denies most applications. That's yet another problem area our lawyers can help solve. If you have a valid claim, we may be able to help you gather the evidence needed to support your claim for benefits.
Help With Filing an Appeal
Has the VA denied your claim? We may be able to walk you through the appeals process and stand by your side to defend your rights. Our attorneys can review the reasons for the denial, identify potential issues that need fixed or addressed, and develop a strategy to present a strong case on your behalf.
Peace of Mind
As a veteran who fought bravely for their country, you deserve peace of mind in your retirement years. But that's not always guaranteed when dealing with the VA or any other agency without an attorney. Hiring a lawyer specializing in veterans' cases can provide you with peace of mind because they are specifically trained to handle the pressure and complexities of such cases. They will communicate with the VA and other relevant parties regarding your case while keeping your best interests at heart.
When to Hire a Lawyer for Military Veterans
Veterans hire attorneys for various reasons when dealing with the VA. The most common is when they feel that working with such an attorney can improve the outcome of their VA disability claims.
Generally, you may consider hiring a lawyer specializing in veterans law if your claim has been denied. The same applies if your disability rating is lower than expected. They may be able to help you secure a better result.
Keep in mind that it is against the law for lawyers to charge you for assistance in filing an initial claim for VA disability benefits. Instead, they can only charge you when challenging a decision made by the VA regarding your disability claim, mostly a denial of benefits.
What to Look for in Lawyers for Military Veterans
The fact that you need help with a legal matter regarding your service in the military and the benefits you may be entitled to shouldn't make you settle for just any attorney you find. Instead, it's important to do your research and ensure you find an attorney who understands your frustrations and is well-equipped to handle the case.
Precisely, here are some key factors to consider when looking for the best attorney for military veterans.
Confirm if the lawyer is accredited by the VA. Such an accreditation shows that the attorney you choose has met the necessary qualifications and standards set by this government agency to represent veterans in their claims. In fact, without accreditation, the VA does not allow anyone to provide assistance with the preparation, presentation, and prosecution of such claims.
Find out more about the attorney's experience, specifically in veterans law. A lawyer with a significant amount of experience in this area is usually familiar with the complexities involved in veterans' cases.
Importantly, make sure you find out whether they will represent you throughout the appeal process, even if the case goes to the Court of Appeals for Veterans Claims. You need an attorney who gives you peace of mind knowing that they'll be with you every step of the journey and won't abandon you halfway when the going gets tough.
Other equally important factors to consider include whether they have access to powerful legal resources to build a strong case on your behalf, the legal costs involved (attorney fees), and their reputation for fighting for the rights of military veterans.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What if I Cannot Afford an Attorney?
You don't have to worry about not being able to afford a lawyer for military veterans. Most of these attorneys work on a contingency basis.
In this system, the lawyer will only receive a payment if they win the case, which is particularly beneficial for veterans who may not have the financial means to pay legal fees upfront. The lawyer typically agrees to cover the costs associated with the case, such as court filing fees, expert witness fees, and investigation expenses. They will then recoup these costs from the settlement or judgment if they win.
The amount deducted to settle the attorney's fees and legal costs involved is usually in the form of a small predetermined percentage of the client's award.
How Do I Find Out If I'm Eligible for Benefits?
In most cases, you may be eligible for benefits if you meet the following key criteria:
- You are a veteran.
- You have a present medical condition.
- You have incurred an injury or illness during your time in military service.
- Your current disability must be connected to your period of duty, which includes instances where your condition worsened due to service.
Understandably, you may be unsure whether your specific case meets all these requirements. That's not a problem — all you need is a free case evaluation with Morgan and Morgan. We will review the unique circumstances of your case and determine whether you qualify for benefits. If you do, we'll walk you through the process of obtaining the benefits you deserve after an initial denial.
What Are Some Common Reasons the VA Denies Benefits?
The VA denies applications for benefits for many different reasons. Let's take a quick look at the most common.
Insufficient Medical Evidence
You need sufficient medical evidence to support your claim for benefits. Medical records, test results, and opinions from healthcare professionals are just some examples of medical evidence you may need to establish the existence and severity of your condition.
Injuries Unrelated to Your Military Services
The VA will only offer benefits for injuries or disabilities caused by your military service. If you fail to demonstrate a clear connection between these two, your application may be denied.
You Had a Preexisting Condition
If your disability existed before your military service, you may be denied benefits. On the other hand, you may still be eligible for benefits if your condition was aggravated or worsened by your service.
Incomplete Application or Missing Information
The VA expects you to fill out the application completely in order to gauge your eligibility for benefits. Failing to complete the application accurately or not providing essential information can result in a denial.
Lack of Nexus Letter
This refers to a medical opinion connecting your current disability to your military service. If you don't include a well-supported nexus statement from a qualified medical professional, the VA may deny your claim.
You Did Not Attend Your Medical Exam
The VA may request you undergo a medical examination to evaluate your condition and determine your eligibility for benefits. If you fail to attend without a valid reason, your application may be denied.
What Type of Evidence Do I Need To Support My Claim for Benefits?
Each case is unique. So it's possible that the kind of evidence you may need is not the same as what another veteran would.
That said, eery claim for disability benefits requires comprehensive medical records to demonstrate its existence, severity, and progression. This may include records from both military and civilian healthcare providers that explain your diagnosis, treatment history, medications, and any relevant test results.
Your military service records are vital in establishing your eligibility for benefits. You may need to prove your DD-214 and any incident reports related to injuries or incidents that may have caused or worsened your condition.
As mentioned earlier, a nexus statement establishes the connection between your current disability and your military service. You'll need that as well to prove your eligibility for benefits.
Depending on the nature of your case, you may need supporting statements from yourself, fellow service members, friends, family, or other individuals who have witnessed the impact of your disability on your daily life. These testimonies, also known as lay statements, should describe how your condition affects your ability to work, perform daily activities, and maintain relationships with your friends, colleagues, or family members.
The VA may request you to undergo a C&P examination to establish if there's indeed a connection between your disability and your service in the military. This exam is usually conducted by a VA healthcare professional or a contracted examiner, and the findings used to support your claim.
If your case is particularly complex, you may also seek expert opinions from specialists in relevant medical fields. This is meant to give it more credibility and support.
Remember to include any additional documents that can help substantiate your claim. We're talking about accident and police reports, photographs and videos, or correspondence related to your disability.
You Fought For Your Country, Now Let Us Fight For You
Morgan and Morgan, America's largest injury firm, is committed to fighting for the rights of our beloved veterans who sacrificed everything to fight for the rights and freedoms we enjoy today. Now is our time to pay you back by fighting for the benefits you need and deserve.
We have a dedicated department consisting of some of the nation's best lawyers for military veterans. Contact us today to learn more about how we may be able to help.