Veterans Disability Claims: Attorneys to the Rescue

As an Air Force veteran myself, I have always had a soft spot for my disabled veteran clients who have put their life on the line to protect our country and our freedoms.  However, the United States Veterans' Administration has done an awful job over the years by denying legitimate VA Disability claims and allowing the system to have a now 400,000 case backlog.  This is is not the 'thank you" our young men and women returning from Iraq deserve if they are missing limbs.

Thankfully, help is on the way for disabled veterans fighting the daunting Veterans' Disability Claim process from us "controversial  lawyers".  A new law, originally sponsored by Senator Larry Craig (R-Idaho),  will finally allow disabled veterans to hire attorneys to fight their unfair claim denials or disability ratingsThe new law, effective June 20, 2007,  allows lawyers to enter the administrative disability determination process at the most critical stage - when evidence is being obtained to support the claim.  If they aren't running into a filing deadline, some disabled veterans are waiting until after this June 20th to file their appeals so they can do so with lawyers.

The system is so backward now that our law firm has been representing one New York disabled veteran in his claim for over seven years without a final resolution.  This case illustrates the old adage  "justice delayed is justice denied".  Under the old law, the disabled vet was on his own (he could not by law hire a lawyer) during the initial claim processing and the first appeal to the Board of Veterans' Appeals.  The Veterans' Administration only allowed attorneys to enter the process at the US Court of Appeals for Veterans' Claims, where the evidentiary record had already been closed.  This prevented the attorney from introducing any new evidence the veteran representing himself may have not known to submit.

Even the DAV (Disabled American Veterans), a formerly staunch opponent of the right to attorney representation due to  its desire to "protect the turf " of its own Veterans' Service Officers, seems to  now support attorneys in the process based on a recent Newsday article on VA disability claims .  The American Legion has always supported the right of the disabled American veteran to retain counsel or a law firm. 

Turley, Redmond & Rosasco attorneys have been practicing before the US Court of Veterans' Claims for over ten years.  Whether injured recently in Iraq or still suffering PTSD from Vietnam, do not hesitate to call our partner, David Tobias, Esq., in our Veterans' Disability Department toll free at 1- 877-NY-DBLAW.

 

 

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The New York Disability Law Blog - November 7, 2007 8:20 PM
As an Air Force veteran myself, it was reassuring to know that so many talented veteran disability claim lawyers were in attendance at the National Organization of Veterans' Attorneys (NOVA) conference last week in Washington, DC. My partner David Tobi...
Comments (6) Read through and enter the discussion with the form at the end
Rachael - August 22, 2007 8:47 AM

I just have a question really! I need to find an
attorney in the Florida Panhandle that deals with
VA benefit claims. Do you have any suggestions?

Ron - August 22, 2007 12:03 PM

I am in need for a lawyer here in NC. My VA claim has been denied three times, and I have just filed for an appeal. Please contact me with information pertaining to a lawyer in the vacinity.

J Maitland - October 6, 2007 7:20 PM

Re: VA Benefits. I am impressed with the information you provide for the public. You are helping the public very well. I have family and frieds in the army. Your service will help the disable persons from war. Thank God for you

steve - November 6, 2007 11:29 AM

I am looking for an attorney to take over my disability claims from the veterans administration. I have 4 that have been denied recently. I am currently 60% disabled through the VA and they have not been doing actions that are in conjunction with the law.

Jeffrey - February 8, 2008 4:10 PM

I am looking for an attorney to take over my disability claims from the veterans administration.

Dave - March 27, 2008 10:09 AM

I "sprained" my ankle in the NAVY in 1974. The x-rays showed broken bones in my left foot. They placed a half leg cast on my left leg for 6 weeks. On release,I was asked if I wanted an honorable or medical discharge.I took honorable in 1975.In 1978,I started having problems with my left foot.I have filed approx. 10 VA disability claims,all denied. My recent claim has two appeals. I have beeen receiving SSDI for 7 yrs. Do I need an attorney?

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