How We Do It
Our process is extremely efficient. It not only educates you, it also helps you understand very early in the process whether or not entitlement to benefits actually exists. Your time is valuable and we respect your need to have concrete facts at your disposal when you make decisions. Our staff have a combined total of over 25 years of experience in working with folks just like you and over 85,000 successfully awarded VA claims. We use this expertise to quickly and efficiently help you understand your rights, but also whether or not those rights can be proven in law. Obtaining VA benefits can be more complex than it may appear.
Our Methodology
We use a three-step process to determine probable eligibility and entitlement.
First Step: Pre-Qualification Interview
The first step is a pre-qualification or “PQI” interview. This interview is what occurs when you first call our office. The purpose of this interview – which only takes approximately 15-30 minutes – is to determine if there are any obvious legal reasons why proceeding with a potential claim would be futile. There is no fee or obligation for the PQI.
For example, here are some cases where developing a claim would be futile.
If we make it successfully through this step, at the end, you will likely know with an extremely high degree of certainty whether or not you are entitled to benefits and the approximate amount of benefits that will be received. If we discover you are not eligible under prevailing law, your time and effort have been significantly minimized.
If you decide to engage legal services, we move on to Step 2.
Second Step: Pre-Filing Consultation
The Pre-Filing Consultation builds on the PQI. In this step, as your attorney, we begin to obtain all of the hard, material evidence and facts necessary to prove the information we uncovered during the PQI. Although the evidence burden will vary from case to case, our staff will help you through every step to gather the evidence that is absolutely necessary to prove your entitlement.
Once all of the evidence is obtained, it will undergo a review process by our staff. If we feel we can legally prove eligibility based on the information provided, we will then issue you a letter of our legal opinion. When we provide this opinion it means that if a claim is filed with the VA based on the evidence and facts provided, there is no reason in law that the claim should be denied.
If we can prove your case, we will assess a Pre-Filing Consultation fee of $800.00 for a pension claim or $1000 for a compensation claim as explained in our Engagement Agreement. If we cannot prove the claim, there is NO fee whatsoever. Furthermore, we state in the Engagement Agreement that if our legal opinion is defective and the claim is ultimately denied, the Pre-Filing Consultation fee is promptly refunded. To date, we have never had to refund a fee! Please note: since all of our consultative legal work takes place before you actually become a claimant for benefits, the VA permits such fees to be assessed by attorneys.
Step Three: Representation Before The VA
EVLAG will – upon request – comprehensively represent any client of the firm who requests such representation before the VA. This means that we will prepare a Fully Developed Claim - meaning all evidence and paperwork presented to the VA so that the adjudication of the claim will expedite under the Expedited Claims Adjudication Initiative (38 C.F.R. 3.161.) In other words, filing a Fully Developed Claim can substantially reduce the amount of time it takes a claim to be processed to completion, often from many months to as little as 8 weeks. We do ALL of the paperwork for you. When completed, we submit the claim to the VA with signed proof of delivery and then actively prosecute the claim until it is properly awarded.
All representation before the VA is absolutely pro bono publico. This means there are never any fees or charges whatsoever for representing our clients before the VA.
As you can see our whole process is designed to provide you with accurate information. This will minimize your risk while maximizing your time and efforts; assuring you of the results before the process begins.
In short, if we cannot prove legal eligibility for your benefit, we will not file a claim and there is, of course, NO fee for our consultation.
Our Methodology
We use a three-step process to determine probable eligibility and entitlement.
First Step: Pre-Qualification Interview
The first step is a pre-qualification or “PQI” interview. This interview is what occurs when you first call our office. The purpose of this interview – which only takes approximately 15-30 minutes – is to determine if there are any obvious legal reasons why proceeding with a potential claim would be futile. There is no fee or obligation for the PQI.
For example, here are some cases where developing a claim would be futile.
- “Daddy was a veteran but he and Momma got divorced.” Since she isn’t the legal surviving spouse, Momma isn’t entitled to benefits.
- Or, "Daddy wasn’t disabled during his military service and didn’t serve during wartime." He would be ineligible for either Compensation or Pension benefits.
If we make it successfully through this step, at the end, you will likely know with an extremely high degree of certainty whether or not you are entitled to benefits and the approximate amount of benefits that will be received. If we discover you are not eligible under prevailing law, your time and effort have been significantly minimized.
If you decide to engage legal services, we move on to Step 2.
Second Step: Pre-Filing Consultation
The Pre-Filing Consultation builds on the PQI. In this step, as your attorney, we begin to obtain all of the hard, material evidence and facts necessary to prove the information we uncovered during the PQI. Although the evidence burden will vary from case to case, our staff will help you through every step to gather the evidence that is absolutely necessary to prove your entitlement.
Once all of the evidence is obtained, it will undergo a review process by our staff. If we feel we can legally prove eligibility based on the information provided, we will then issue you a letter of our legal opinion. When we provide this opinion it means that if a claim is filed with the VA based on the evidence and facts provided, there is no reason in law that the claim should be denied.
If we can prove your case, we will assess a Pre-Filing Consultation fee of $800.00 for a pension claim or $1000 for a compensation claim as explained in our Engagement Agreement. If we cannot prove the claim, there is NO fee whatsoever. Furthermore, we state in the Engagement Agreement that if our legal opinion is defective and the claim is ultimately denied, the Pre-Filing Consultation fee is promptly refunded. To date, we have never had to refund a fee! Please note: since all of our consultative legal work takes place before you actually become a claimant for benefits, the VA permits such fees to be assessed by attorneys.
Step Three: Representation Before The VA
EVLAG will – upon request – comprehensively represent any client of the firm who requests such representation before the VA. This means that we will prepare a Fully Developed Claim - meaning all evidence and paperwork presented to the VA so that the adjudication of the claim will expedite under the Expedited Claims Adjudication Initiative (38 C.F.R. 3.161.) In other words, filing a Fully Developed Claim can substantially reduce the amount of time it takes a claim to be processed to completion, often from many months to as little as 8 weeks. We do ALL of the paperwork for you. When completed, we submit the claim to the VA with signed proof of delivery and then actively prosecute the claim until it is properly awarded.
- If the VA asks any questions during the adjudication process, we are copied on the request and promptly respond on your behalf.
- If the VA initially denies a claim, we work with the VA to reopen the claim; correcting any errors/oversight to ensure the claim can be properly awarded.
- We represent our clients before the VA for life.
All representation before the VA is absolutely pro bono publico. This means there are never any fees or charges whatsoever for representing our clients before the VA.
As you can see our whole process is designed to provide you with accurate information. This will minimize your risk while maximizing your time and efforts; assuring you of the results before the process begins.
In short, if we cannot prove legal eligibility for your benefit, we will not file a claim and there is, of course, NO fee for our consultation.