When their claims for VA benefits are denied, one of the first things many Veterans do is turn to a Veterans’ benefits attorney. As an attorney who handles Veterans’ benefits appeals, I can confirm this is a wise choice. Many of the Veterans who seek guidance with the appeal process have a better chance of having their claims granted.*

But, in some cases, a Veterans’ benefits attorney won’t work with you. Why? In this article, I’ll explain five common reasons a Veterans’ lawyer wouldn’t work with you. Plus, I’ll share what you can do in each of these scenarios.

If you’re ready to take the next step for your appeal, keep reading!

1. They Don’t Practice Veterans Law

If you approach your local personal injury lawyer, family law firm, or estate planning attorney, they’ll probably turn you away as they don’t practice Veterans’ law. Fortunately, any reputable law firm will be eager to point you in the direction of a lawyer who does.

However, be cautious when working with a firm that practices in a dozen different areas. These firms often can’t provide the dedicated focus that a boutique Veterans’ law practice can.

What to do if this happens to you: Always speak to a few Veterans’ benefits attorneys before proceeding. You want to ensure that your attorney is the right fit for your goals and communication style.

2. You Haven’t Been Denied a Benefit Yet

Veterans’ benefits appeals attorneys don’t work with Veterans who don’t have anything to appeal. Until your initial claim is decided by the VA, there’s no reason for an appeals attorney to get involved with your case. They help with appeals of denials for service connection, incorrect disability ratings, and effective dates. So, if you speak to one, they’ll probably turn you away for the time being.

What to do if this happens to you: Continue with your claim application, being as thorough and detailed as possible. If you apply and are denied, get in touch with me today. With over 16 years of experience helping Veterans get the benefits they’re entitled to, I’ll be able to consult you on what might help in your individual circumstances.  Remember, VA disability appeal consultations are free of charge!

3. You Have Another Veterans’ Benefits Lawyer

If you previously worked with a Veterans’ benefits appeal lawyer, a second lawyer may be hesitant to take your case. This is because it can complicate the element of compensation in the event that benefits are awarded.

Think of it like opening a tight jar. The first person who tries can always say, “Well, I loosened it.” If your appeal is started by one attorney and finished by another, it can create conflicts when it comes to distributing attorney fees.

What to do if this happens to you: If you aren’t satisfied with your attorney’s work, inform your next prospective Veterans’ benefits lawyer upfront and be prepared to have to pay for two (or more) attorney's services.

4. Your Discharge Type Prevents You From Receiving Benefits

If you received a dishonorable discharge or a bad conduct discharge, it’s unlikely that a Veterans’ benefits attorney will work with you to file an appeal. Individuals with bad conduct discharges and other-than-honorable (OTH) discharges are typically barred from receiving the vast majority of Veterans’ benefits, so it’s uncommon for benefits appeals attorneys to work with them. However, there are some exceptions to that. 

First, if you have a service period with a clean DD-214 separate from a bad period with its own DD 214, you may be entitled to VA benefits.  You have to show that the benefits you are requesting are connected to your time during your good service period.

Second, service members with OTH discharges may be eligible to receive mental health treatment from the VA. The VA seeks to make mental health treatment as widely available as possible to reduce the suicide rate among service members. If you have an OTH discharge and the VA is denying you mental health treatment, a Veterans’ benefits appeals attorney may be able to help you.

What to do if this happens to you: If you have an OTH discharge and you’re being denied benefits for a good service period or mental health treatment regardless of discharge status, speak to a Veterans’ lawyer. If you are interested in attempting to upgrade or correct your military records such as your DD 214 discharge status, you may be able to do so through a military records correction.  My office handles those too — however, please be aware that military records correction consults, unlike VA consultations, are paid consultations.

5. Your Attorney Can’t Get in Touch With You

Veterans’ benefits appeals are deadline-based. Missing them can prevent you from winning your appeal. When your attorney requests documents or information related to your appeal, it’s vital to share that information as promptly as possible. But if you can’t communicate promptly with your attorney, they might have no choice but to end the relationship. 

Remember, neglecting to share the information your lawyer needs to craft an effective appeal hurts your chances of receiving the benefits you seek. Failing to meet a deadline could cost you the ability to appeal. Depending on your disability, this could place a significant burden on you and your family, so prioritize communications with your attorney. 

What to do if this happens to you: Before you begin the appeals process, understand that your communication will play a key role in getting the benefits you’re entitled to. The VA appeals process can be frustrating.  It is likely to be a long process and the wait can cause anxiety.  But it is not an excuse to mistreat those trying to help you. Screaming and using disrespectful, abusive language shouldn’t be tolerated by anyone, including veterans and their attorneys. 

If you suffer from PTSD, anxiety, or another mental health disorder that makes it difficult for you to communicate, share that information with your attorney right away. They may be able help you make a plan for communicating effectively and efficiently throughout the appeal process.

Need a Veterans’ Benefits Attorney? Contact Michael D.J. Eisenberg

If you think a Veteran’s benefits attorney can help you with your appeal, get in touch today. I’ve helped countless Veterans navigate the complex appeals process for over 16 years. I’ll be upfront with you from the moment we meet, and your appeal will have my undivided attention.

Note: Consultations for Veterans’ Benefits Appeals Matters are free; however, consultations for Military Records Issues and Medical/Physical Evaluation Boards are paid.

The information contained in this article is for general information only, and should not be construed as legal advice, nor does this article establish a client-attorney relationship.

*Each Veteran’s case is different.  There is no guarantee that hiring an attorney will grant you the benefits you seek from the VA.  But having guidance from an experienced professional who understands the process, the medical disability rating system, and the nuances of how the VA works, helps to improve your chances of getting the benefits you deserve.