Frequently Asked Questions | Answers to some of our clients most common concerns
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How long have you been helping veterans?
The attorneys in our firm have been working for veterans and their families since 1990, first with medical malpractice in VA hospitals and with veterans' benefits since 1998. Our lead attorney used to work for the VA both at the Board of Veterans Appeals and at the VA General Counsel (the lawyers who defend the VA in the court of Appeals for Veterans Claims). Two of our other attorneys served as law clerks for Judges at the U.S. Court of Appeals for Veterans claims. Our attorneys have a combined thirty-six years of experience in veterans benefits law.
Where are you located?
Our firm's main office is located in Richmond, Virginia. We have attorneys there, as well as in Texas and in the Washington, DC area. We serve veterans in every state and territory of the country and throughout the world.
If you represent me, will you stay in touch and work with me?
We have five attorneys who work on cases. Every case is initially reviewed by one of our lead attorneys after which a second attorney is assigned to work on the case. Our offices also maintain a toll-free number you can call at any time to talk about your case. The telephone is answered by an experience non-attorney practitioner who is admitted to practice before the court of Appeals for Veterans Claims. This means that you will always have at least two attorneys and a non-attorney practitioner you can call to discuss your case.
What percentage of cases do you win?
It is considered unethical for any lawyer to say that he or she wins a certain percentage of their cases, because every case is unique, and giving a "winning percentage" could mislead clients into thinking their cases will succeed when they might not. Because the Court, itself, almost never actually grants benefits it's not really accurate to talk about "winning" cases at the Court anyway. What we seek to accomplish at the Court is getting the case sent back to the VA so that the agency can reconsider the award of benefits. What other lawyers mean when they say they win a high percentage of their cases is that they have a high percentage of cases that are "sent back" to the VA to be "redone", rather than "lost". Since we only choose to represent clients where we find errors in the BVA decision, the vast majority of our cases have historically been "sent back".
Will you continue to represent me if my claim is remanded?
We offer continued representation to almost all of our clients when we finish work at the court. You will have the option for continued representation by our firm (ordinarily for a 20- percent contingent fee); working with a Veterans Service Organization (such as the DAV< VFW or American Legion) for free; or representing yourself. Contingent attorneys' fees refer only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs such as filing fees and other additional expenses, i.e., medical evaluations, photocopying costs, courier fees and fax charges, of the legal action usually must be paid by the client. If we do represent you at the VA, our firm may need to obtain additional medical opinion evidence to substantiate your claim and if so, there may be an additional expense to you.
How long will this take?
If we can convince the VA lawyer that there are errors in your case, it typically takes six months to a year for a case to work its way through the Court process and back to the VA. If the VA fights us, it can take one to three years to get a decision from a Judge. Even after a case is sent back to the VA to be redone, it may take many more years to resolve, and even then, a claim may remain denied. Because of this, our firm has developed practices to help our clients do two things: Understand and seek the evidence that is needed to have the best chance to win a case and do what is needed to get a decision made as quickly as possible.
How do I get started?
It’s easy to get your consultation. Just fill out and submit the online Contact Us form, with all the requested information. Once we have received your information we will review and contact you promptly to discuss your case and let you know if we will be able to help with your appeal. You may also contact us through our toll free number 877-838-1010. We look forward to the opportunity to review your case and perhaps have the chance to work with you.