One of the biggest decisions a Veteran with a service-connected disability can make is whether to use a Veterans Service Organization (VSO) representative or a Veterans disability attorney when filing a claim. There is no one-size-fits-all and making the wrong choice can cost you.
The VA only allows three categories of individuals to help you file a claim or request a decision review:
- Accredited Veterans Service Organization* (VSO) representatives
- Accredited attorneys
- Accredited claims agents
* There are over 100 VA-recognized, national Veterans Service Organizations. The VA works most closely with the Veterans of Foreign Wars (VFW), the American Legion, American Veterans (AMVETS), Disabled American Veterans (DAV), Paralyzed American Veterans (PAV), and Vietnam Veterans of America (VVA).
To pursue or assist in claims of benefits before the Department of Veterans Affairs, attorneys or representatives must be accredited, that is they must be legally authorized by the VA. Most VA-accredited attorneys represent Veterans on appeals which contest initial denials on claims for VA disability compensation. Because Congress and the VA structured limitations on hiring, most VA-accredited attorneys do not get involved in a VA claim matter unless the Veteran is contesting an earlier decision.
VSOs are not paid by the Veteran. VSOs are funded from a variety of sources which may include state or county taxes, federal grants, and private funding sources.
Due to a 2007 change in VA regulations, as a Veteran, you have the right to hire an attorney anytime once an initial determination has been made and you have filed a Notice of Disagreement on your case. While VA disability attorneys get paid, most work on a contingency basis. This means they do not charge any up-front fees when they take your case, and they only get paid when you win your case. Their pay is a percentage of what the VA compensates you in back pay. The VA’s standard is that a fee of more than 33 1/3 % of the back payments is unreasonable. (At Cuddigan Law our fee is lower than that. We only charge 30%. That is the total fee. We do not get any fees from future benefits. Furthermore, we prefer to work directly with you rather than have the VA withhold the fee from your back payments.)
Although VA attorneys are paid, there are many Veterans out there who would say the pay is worth it, especially those who repeatedly ran into a brick wall with the VA regarding their claims.
A major difference between the work of a VSO and that of an attorney is working with experts. Many VSOs lack the legal sophistication to work with experts or are too busy. (Service organization representatives are well meaning but often they are just overwhelmed by demands on their time. The average service organization representative is handling more than 1,000 claims at any one time.)
VSOs receive free rent, email, and phone services from VA as they reside in the same building as the Regional Office. For this reason, VSOs do not have the same independence that an attorney has, because VSOs have a dual fiduciary duty to the VA and to the Veterans they represent. An attorney’s sole responsibility for duty and confidentiality is to the Veteran client.
When to Use a VSO
Initial Claims. VSOs should almost always handle these cases.
Straightforward Easy Appeals. In some situations, after an initial denial, new evidence will come to light that satisfies the reason for the VA’s denial and the case can be settled with a Supplemental Claim appeal.
When to Use a VA Accredited Attorney
Your Case is Complex. When the VA denies your claim, even though you presented solid evidence and arguments to support your claim, it is time to consult an experienced VA disability attorney. (At Cuddigan Law we have won many cases over the years that VSOs have said were unwinnable.)
When You Have Been Denied Repeatedly. When the VA has denied your claim multiple times through many years of appeal, whatever you’re doing is not working. It is likely that your claim is complicated. In this situation you are better off being represented by an attorney who is better equipped to deal with complicated legal issues. If your appeal has been pending for many years, the possible retroactive pay will likely be quite large. What you pay a VA disability law firm is well worth the peace of mind knowing that you have a professional in your corner fighting for your rights.
Your Case Needs an Expert. Working with experts becomes especially important when, as frequently happens, the VA gets a faulty opinion from one of its contracted examiners. In these cases, an attorney will seek to dispute that with an opinion of another expert of their own. Attorneys have more resources to get the right expert and the right evidence.
When You Have Denied by the Board of Veteran Appeals. If the BVA turns down your claim, you should consult an attorney. The next level of appeal must be made to the U.S. Court of Appeals for Veterans Claims. VSOs cannot practice law and appear before this court.
Veterans Service Organizations provide a useful service in helping Veterans file claims and manage straightforward appeals. But in complex cases, claims that have dragged on for years, situations where experts are needed, or when the BVA has denied your appeal, the expertise and experience of a lawyer who exclusively practices disability law is a wise investment. At Cuddigan Law it has been our honor and privilege to serve those who have served our country. For a free evaluation of your case call or email us at Cuddigan Law.
