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 thousands of satisfied clients. 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. Understanding what benefits may be available and getting good, accurate information on benefit eligibility can be a daunting task which many families providing care do not have time to investigate thoroughly. That is where we can help by providing this information in an easy to understand, useable format.
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 (in Pension cases), the approximate amount of financial assistance that could 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 our 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 work with you to obtain all of the required material evidence (for example, military records, medical records, financial records, etc.) and facts necessary to prove the information we uncovered during the PQI. The VA permits attorneys to charge a fee for Pre-Filing Consultations provided the consultations occur before an individual actually becomes a claimant for a specific benefit. Even though we are a zero-net profit firm, therefore, if we enter the Pre-Filing Consultation phase, we will assess a small fee for that consultation. As a side note, it has always been our policy that - if evidence is obtained (which was not withheld) which seems to deny potential eligibility - we will refund the consultation fee. 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 thorough review process by our staff. If we feel we can legally prove eligibility based on the information provided, we will advise you and you can decide at that time whether or not you choose to actually pursue an actual benefits claim. You become a claimant by expressing to us your desire to file a specific claim or by actually beginning the claims process. Again, we will never advise pursuing a claim unless the evidence is available to prove eligibility.
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 that all evidence and paperwork presented to the VA will expedite under the Expedited Claims Adjudication Initiative (38 C.F.R. 3.161.) In other words, filing a Fully Developed Claim (a complete claim with all evidence required) can substantially reduce the amount of time it takes a claim to be processed to completion. We handle ALL of the interaction with the VA for you. When completed, we submit the claim to the VA and receive confirmation that it was received by the appropriate VA office.
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 (in Pension cases), the approximate amount of financial assistance that could 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 our 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 work with you to obtain all of the required material evidence (for example, military records, medical records, financial records, etc.) and facts necessary to prove the information we uncovered during the PQI. The VA permits attorneys to charge a fee for Pre-Filing Consultations provided the consultations occur before an individual actually becomes a claimant for a specific benefit. Even though we are a zero-net profit firm, therefore, if we enter the Pre-Filing Consultation phase, we will assess a small fee for that consultation. As a side note, it has always been our policy that - if evidence is obtained (which was not withheld) which seems to deny potential eligibility - we will refund the consultation fee. 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 thorough review process by our staff. If we feel we can legally prove eligibility based on the information provided, we will advise you and you can decide at that time whether or not you choose to actually pursue an actual benefits claim. You become a claimant by expressing to us your desire to file a specific claim or by actually beginning the claims process. Again, we will never advise pursuing a claim unless the evidence is available to prove eligibility.
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 that all evidence and paperwork presented to the VA will expedite under the Expedited Claims Adjudication Initiative (38 C.F.R. 3.161.) In other words, filing a Fully Developed Claim (a complete claim with all evidence required) can substantially reduce the amount of time it takes a claim to be processed to completion. We handle ALL of the interaction with the VA for you. When completed, we submit the claim to the VA and receive confirmation that it was received by the appropriate VA office.
- 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 pro bono.
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.