In the past, a veteran that had his or her claim for disability benefits denied could not hire an attorney before the BVA; Board of Veterans Appeals gave their final decision. This rule is no longer in effect; any veteran can now engage legal assistance after they have filed their Notice of Disagreement with the board.
Not every attorney can represent a veteran, only those accredited by the VA. The VA reviews the agreements between the attorney and the veteran client. The VA regulates the fee structure, and the conduct of veterans benefits attorneys in Ohio, in this way the veteran is assured that he or she will not be taken advantage of and the case will be pursued with vigor.
Contingency fees:
A veterans benefits attorney does not take a case based on an hourly fee; most attorneys work on contingency. When an attorney accepts a case based on contingency, it means that he or she will get paid after you win your appeal. The fee is based on the back pay you are awarded; the fee is a percentage of the award. If you lose your appeal, the attorney does not get paid.
Fee agreements reviewed by the VA:
Once the veterans benefits attorney in Ohio has heard the case details and agreed to represent the veteran, the attorney/client agreement must be filed with the VA within 30 days. The VA has the right to review the agreement. If the fee is found to be excessive, the VA can order that the fee is reduced. The fee can vary but 20 percent of the past-due benefits are seen to be reasonable, and as such, most attorneys stay close to this number.
When choosing a veterans benefits attorney in Ohio, ensure that he or she is accredited by the VA and has a great deal of experience in handling appeals.
If your claim for veterans disability benefits is denied, you have every right to hire a veterans benefits attorney in Ohio to help with your appeal. You are invited to discuss your case with Jackson & MacNichol, Attorneys at Law.
