Funding on Attorney Fees from Veterans Disability Compensation Cases

There are considerable nuances when dealing with veterans’ disability. The Department of Veterans Affairs (VA) administers various programs through the Veterans Benefits Administration (VBA). The VBA handles non-medical benefits for veterans, including disability compensation, pensions, educational benefits like the Montgomery GI Bill, life insurance products, and mortgage assistance programs. 

With the VA Disability Compensation program, the applicant needs payment for a service-related injury suffered while on duty. It is a tax-free monthly benefit. However, once claims are filed, there are often long and frustrating waits for the VA to make decisions on those claims.

This point is where many applicants will find attorneys to represent them in those appeal hearings to get a denial or lower rating overturned. There are a lot of private law practices nationwide that specialize in veterans’ disability cases and non-profit legal organizations dedicated toward helping declined applicants to get their benefits. There are also law school clinics that help veterans with their applications.

In 2018, Military.com published an article about the prospect of hiring an attorney for the disability hearings. The appeal must first go before the Board of Veterans’ Appeals and if the board denies the claim it can then go to the U.S. Court of Appeals for Veterans Claims (CAVC). That is the final venue for denied applications. The CAVC will hear the case on legal grounds and decide if the board violated the law or any agency regulation. Their decisions can allow the claim to be examined again by the Board of Veterans’ Appeals. The entire process can take months, but if the claim is finally approved the benefits are retroactive. Thus, there will be a lump sum payment from the effective date the claim was filed. 

Also, the attorney handling such a claim will also receive a fee for their work. Lawyers that work in the VA Disability Compensation space get paid on a contingency basis and will only receive payment if the appeal is successful.

Attorneys with VA Disability Compensation cases can often work for months for their clients to guide them through the appeals process. If they wind up winning an appeal, there can be an additional wait for the VA to finally distribute their contingency fee.