Ask the Lawyer: Don’t hire a lawyer to help with VA claims - Military Law, Military Law Advice, Ask a Lawyer - Military Times

Ask the Lawyer: Don’t hire a lawyer to help with VA claims

Q. I have seen ads for lawyers who want to help me with filing a claim for disability compensation from the Veterans Affairs Department. Do I need a lawyer to help me with a VA disability claim?

A. No! In my experience as a disabled veteran and as an attorney, only in rare instances would you need a lawyer to help file a disability claim. And even if legal assistance is needed, many veterans service organizations will provide you with an attorney or assist you in obtaining someone like myself, who will help you for free.

I highly recommend you work with a VSO when you file a VA disability claim.

Groups like Disabled American Veterans, of which I am a lifetime member, provide disability claims assistance to veterans for free, regardless of whether you are a DAV member.

Veterans generally are eligible for VA benefits for disabilities related to their military service. While the word “disability” sounds serious, minor injuries — such as ringing in the ears and even acne — often qualify as a disability.

Nearly every service member who has spent at least a few years in the military likely will qualify as having some type of “disability.”

To file a successful claim, a veteran generally must demonstrate three things: 1) an injury or disease that began or was made worse during military service; 2) a current disability, proven through medical documentation; and 3) evidence that the current disability is related to the injury, disease or event in military service, also proven by medical documentation.

Q. If I am going to qualify for military retirement, why should I waste my time with a VA disability claim?

A. First, because you’re entitled to it. Disability compensation is an entitlement.

Second, VA disability payments are tax-free.

Third, VA disability payments are nearly impossible for anyone else to touch because they are generally exempt from garnishment (several major exceptions apply, such as garnishment for child support).

Fourth, if your injury worsens over time, it’s easier to increase your entitlement once you establish your basic eligibility for disability compensation.

Disabled veterans should not let anything stand in the way of receiving the benefits they are entitled to as a result of their military service.

Though the process may seem daunting at first, VSOs are available to help answer any questions and provide the attention you deserve.

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Mathew B. Tully is an Iraq war veteran and founding partner of the law firm Tully Rinckey PLLC (www.fedattorney.com). E-mail questions to askthelawyer@militarytimes.com. The information in this column is not intended as legal advice.