How a VA Disability Attorney Can Help with Your Claim or Appeal

Fighting the VA for disability benefits shouldn’t feel like a second job. But for many veterans, that’s exactly what it’s become – a frustrating maze of paperwork, denials, and confusing legal requirements.

If you’ve hit a wall with your VA claim, you’re not alone. Every day, ProVet Legal hears from veterans who tried handling their claims alone, only to face reduced ratings or denied benefits.

The good news? You don’t have to fight this battle by yourself anymore.

Do Veterans Need an Attorney to File a VA Disability Claim?

One of the most common questions veterans ask is whether they need an attorney to help file their VA disability claim. According to Rebecca Deming, founder and VA disability attorney at ProVet Legal, the answer is no.

The VA system is designed to be veteran-friendly, at least theoretically. Veterans can file their initial claims independently or work with veteran service organizations (VSOs) like the DAV, American Legion, VFW, or Amvets.

But here’s what they don’t tell you: Even a small mistake in how you connect your disability to your service or missing a crucial piece of evidence could mean months or years of fighting for the benefits you deserve.

While you have options for help with your initial claim, there’s one critical rule you need to know: Never pay anyone upfront to help file your first claim. It’s against the law, and legitimate representatives, whether VSOs or attorneys, will never ask for payment to file an initial claim.

Before working with any representative, always verify they’re VA-accredited. While you can file your first claim without an attorney, remember that what seems straightforward on the surface often hides complex requirements that could make or break your case.

Can Any Attorney Help With VA Disability Claims?

Not every attorney can handle VA disability claims. VA law is a specialized field that requires attorneys to be accredited through the VA.

This accreditation process includes background checks and courses to ensure attorneys understand VA regulations and procedures. While some attorneys may practice in multiple areas of law, veterans should make sure their representative is accredited and experienced in VA disability law.

ProVet Legal, for example, focuses exclusively on VA disability appeals. While some law firms handle VA appeals as a side business, every single case at ProVet Legal is about fighting for veterans who’ve been denied the disability benefits they deserve. Rebecca Deming built this firm with one mission: helping veterans win their appeals through focused, experienced, and relentless representation.

Do Veterans Need to Hire an Attorney in Their State?

No. Since VA disability is federal law, you’re not stuck working with a local attorney. You can choose the best VA disability attorney for your case, no matter where they’re located in the country.

Thanks to virtual BVA hearings and digital case management, top VA disability firms like ProVet Legal can fight for your benefits whether you’re across town or across the country. While some veterans prefer face-to-face meetings with a local attorney, don’t let location limit your options. What matters most is finding an experienced VA disability attorney who knows how to win.

Can VA Attorneys Help With Initial Claims and Appeals?

Veterans often ask if attorneys only handle appeals or if they assist with initial claims as well. While attorneys are allowed to assist with initial claims, they can’t charge fees for it.

Many VSOs and nonprofit organizations focus on helping veterans file their initial claims, which is why many attorneys prefer to focus on appeals, where their legal skills can be most impactful.

Once a veteran becomes a client, attorneys like those at ProVet Legal may assist with additional claims if necessary. This ensures continuity in representation without involving multiple representatives, which could complicate the claims process.

How Much Do VA Attorneys Charge?

Fees for VA attorneys are regulated to ensure they are reasonable.

• You pay nothing upfront
• You pay nothing out of pocket
• You only pay if you win back pay from the VA
• The fee comes from your back pay, never from your future monthly benefits

The VA sets strict limits on fees (typically 20-33.3% of back pay).

Let’s say the VA owes you $10,000 in back pay, and your attorney’s fee is 20%. The math is simple:

• The VA pays your attorney $2,000 directly
• You get $8,000 in back pay
• Your monthly benefits moving forward are 100% yours – no fees taken out

Most importantly: Your future monthly disability payments are all yours. The fee only applies to the back pay you win, never to your ongoing benefits. That means once you start receiving your monthly checks, every dollar goes straight to you.

The Importance of Timing: When Should You Hire a VA Attorney?

The moment you get a VA decision you don’t agree with, the clock starts ticking. While you have options like higher-level reviews and supplemental claims, choosing the wrong path can actually hurt your chances of winning later. Even worse, every time the VA denies your claim, they add more negative evidence to your file, which gets harder and harder to overcome.

Think of it this way: Just like you wouldn’t wait until you’re seriously injured to go to the doctor, don’t wait until you’ve exhausted all your options to get legal help. The sooner an experienced VA disability attorney can review your case, the better your chances of winning the benefits you deserve.

What Questions Should Veterans Ask When Hiring a VA Attorney?

• Do You Exclusively Practice VA Law? Specialization ensures the attorney has a deep understanding of regulations.
• How Long Have You Been Practicing VA Law? Experience matters, especially with complex cases or appeals.
• Do You Have Experience Handling Cases Similar to Mine? Seek attorneys with relevant case experience.
• What Level of Communication Can I Expect? Choose a communication style that fits your preferences.

Consult Early and Choose Wisely

The VA disability claims process can be overwhelming, but veterans don’t have to go through it alone. While it’s possible to file claims independently or with the assistance of VSOs, hiring an experienced VA attorney like those at ProVet Legal can be a strategic move, especially for complex cases or appeals.

If you’re a veteran unsure about your VA disability claim, reach out to an accredited VA attorney to discuss your options. An early consultation can provide clarity and set you on the right path for your benefits.