The Most Effective Veterans Disability Case Tricks To Rewrite Your Life

Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability compensation they are entitled to. He also represents his clients at VA Board of Veterans Appeals Hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is what is VA disability?

The amount of monthly monetary compensation provided to veterans suffering from service connected disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation, such as individual unemployment, car allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans a special credit they can utilize to increase their lifetime earnings so that they can qualify for retirement or lansing veterans disability law firm disability benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that can qualify veterans for disability compensation are listed in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. A seasoned lawyer with experience can help a client obtain this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complexities of VA law and lansing veterans disability law firm procedure. Our firm was established in 1996 by a disabled vet who after having successfully represented himself in an appeals hearing before the Board of Veterans Appeals Hearing, made veterans' rights an important aspect of his work.

How do I make a claim?

First, veterans disability lawsuit need to find the medical evidence supporting their impairment. This includes Xrays, doctor's reports or other documentation that relate to their condition. It is vital to provide these documents to the VA. If a veteran does not have these documents and the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intention to file. This form allows the VA examine your claim even before you have the necessary information and medical records. This form also protects the date on which you will receive your compensation benefits in the event that you succeed in your claim.

When all the information is received after all the information has been received, the VA will arrange an examination for you. The VA will schedule the exam based on the number of disabilities and the type of disability you're claiming. Make sure that you take this exam, as in the event you fail to take it this could affect your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can assist you at this point. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be extremely frustrating. The VA provides an appeals procedure for these decisions. The first step is submitting the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice Of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. It is not necessary to list all the reasons but you should list everything that you disagree on.

You must also request your C-file, or claims file, so that you can see what evidence the VA used to reach their decision. Often times there are missing or incomplete records. This can sometimes lead to a mistake in the rating.

When you file your NOD it is up to you to decide if would like your case considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success if the DRO examines your case than if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will examine your claim "de de novo" which means they will not be influenced by the previous decision. This usually results in a completely new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the most time demanding appeals process and usually takes between one and three years to get an updated decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee if you appeal the VA decision regarding the basis of disability. However, current law prevents lawyers from charging for initial assistance when submitting a claim. This is because the fee must be contingent on the lawyer winning your case, or getting your benefits increased by an appeal. Typically the fees will be paid directly out of the lump-sum payments that you receive from the VA.

lansing veterans disability law firm [Vimeo post to a company blog] can use the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. They have been vetted by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a variety of issues including disability compensation and pension claims.

The majority of veterans' disability advocates work on a contingency basis. They only get paid when they prevail in their client's appeal and they receive back pay from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past due benefits.

In rare instances, an agent or attorney may decide to charge on an the hourly basis. This is rare for two reasons. First, these issues can be time-consuming and can take months or even years. The second reason is that many veterans and their families can't afford an hourly fee.