Veterans Disability Case Tips That Will Change Your Life

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims as per an action filed this week by Yale Law School's paterson veterans disability attorney Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly payments to veterans with service-connected disabilities. This rating is based upon the severity of the illness or injury and can be as low as 0% and up to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for disability or retirement benefits. These extra credits are referred to as "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Some of these conditions, however require an expert's advice. An experienced veteran attorney can assist a customer in obtaining this opinion and wiki.sploder.us.to provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits that they are entitled to. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to look up the medical evidence supporting their condition. This includes X-rays, doctor's reports, or other documents regarding their medical condition. Making these records available to the VA is very important. If a veteran does not have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form permits the VA to review your claim, even before you have all the information and medical records you require. It also protects your effective date for receiving compensation when you win your case.

When all the data is submitted after all the information has been received, the VA will schedule an exam for you. This will be dependent on the type and number of disability you claim. In the event that you do not attend this exam, it could delay the processing of your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA rejects your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can help you in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is a huge benefit to those who seek disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits is a frustrating experience. The VA offers an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disparage, you have to tell the VA why you disagree with their decision. You don't have to give every reason, but you must be clear about the issues you don't agree with.

You should also request your C file, or claims file, so that you can determine what evidence the VA used to arrive at their decision. Sometimes, there are missing or insufficient records. This can result in an error in the rating.

When you submit 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 be more likely to have success with a DRO review than with the BVA.

In the event of an DRO review you have the option of requesting an individual hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo" this means they will not rely on the previous decision. This usually results in the issue of a new Rating Decision. You may also opt to request that the BVA in Washington review your claim. This is the time taking appeals route and typically takes one to three years to get an updated decision.

What is the average amount an attorney can charge?

Lawyers can charge a fee to assist you appeal an VA decision on an appeal for disability. The law in place today does not permit lawyers to charge fees for initial assistance in a claim. This is due to the fact that the fee is dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans are able to search the database of accredited attorneys or claim agents to locate accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans, dependents, or survivors in a variety of matters such as disability compensation and pension claims.

Most veterans' disability advocates are paid on a contingent basis. They only get paid when they are successful in defending their client's case, and they receive back pay from VA. The amount of back pay paid varies, but may be as high as 20 percent of the claimant's total past-due benefit award.

In rare instances an attorney or agent may decide to charge on an the basis of an hourly rate. This is not common for two reasons. First, these cases are usually time-consuming and can go on for months or wiki.sploder.us.to even years. Second, most veterans and their families can't afford to pay on an hourly basis.