10 Healthy Veterans Disability Case Habits

Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability benefits they deserve. Ken also represents clients in 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 denial of their disability claims.

What is what is VA disability?

The disability rating determines the amount of monthly compensation paid to ann arbor veterans disability lawsuit disability law firm - vimeo.com - who have service-related disabilities. The rating is determined by the severity of the injury or illness and can range from 0% to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their family.

The VA also offers other programs that offer additional compensation like individual unemployment, auto 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 use to increase their earnings over time to qualify for Ann Arbor Veterans Disability Law Firm retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. However, some of these conditions require an expert's advice. An experienced lawyer can assist a customer in obtaining an opinion, and also provide the evidence required to prove a claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a priority in his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to look up the medical evidence that supports their impairment. This includes any X-rays, doctor's reports or other documentation regarding their health. It is vital to provide these records to VA. If a veteran does not have these documents and the VA must be informed by the applicant (or their VSO).

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 medical records you require. This form also protects the date of effective compensation benefits in case you are successful in your case.

When all the data is provided, the VA will arrange an examination for you. The VA will schedule the exam based on the severity of your disability and the type you are claiming. Make sure you take this test, because in the event you fail to take it the exam could delay your claim.

After the examinations are completed After the examinations are completed, the VA will examine the evidence and give you a decision-making packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

At this point, a lawyer can help you. VA-accredited lawyers are now involved in appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a gruelling experience. Fortunately that the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice Of Disagreement, you should explain to the VA why you disagreed with their decision. You don't have to list all the reasons but you should list all the points you disagree with.

You must also request your C-file or claims file to see the evidence that the VA used to reach their decision. Most of the time, there are missing or insufficient records. This can lead to an error in the rating.

When you submit your NOD you will need to decide if you prefer to have your situation examined by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a greater chance of success with the DRO review DRO review than with the BVA.

You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will conduct a review of your claim on an "de novo" basis, which means they will not give deference to the previous decision. This typically results in the issue of a new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and can take approximately three years to get an update on the decision.

How much can an attorney charge?

A lawyer may charge a fee for helping appeal the VA decision regarding a disability claim. The law currently does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee must be contingent 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 can look through the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a range of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on a contingent basis. They only receive compensation when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of backpay that is awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare cases an attorney or agent might decide to charge an hourly fee. But, this isn't common for two reasons. These issues can take a long time to be resolved. Second, many veterans and their families don't afford to pay an hourly fee.