10 Veterans Disability Case Related Projects That Can Stretch Your Creativity

Veterans Disability Litigation

Ken advises veterans of the military to help them obtain the disability compensation they deserve. He also represents 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 Veterans Disability Lawsuit decades against Black veterans by denial of their disability claims.

What is an VA disability?

The amount of monthly monetary compensation given to veterans with service connected disabilities is based on their disability rating. This rating is based upon the severity of an illness or injury and can vary between zero and 100% in increments of 10 percent (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free and provides basic income to the disabled veteran and their families.

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

In addition to these benefit programs in addition, the Social Security Administration gives military veterans special credits to boost their earnings over the course of their lives for disability or retirement benefits. These additional credits are referred to as "credit for service."

Many of the conditions that allow veterans for disability compensation are included in the Code of Federal Regulations. However, some of these conditions require an expert's advice. An experienced veteran lawyer can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients get the disability benefits that they are entitled to. We have handled a variety of disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was founded in 1996 by a disabled veteran who was able to successfully represent himself in a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I submit a claim?

First, veterans disability lawsuit (vimeo.com) must find the medical evidence supporting their impairment. This includes X-rays or doctor's reports as well as any other documentation related to the veteran's condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intention to file. This is a form that 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 in the event that you win your case.

Once all the information is provided, the VA will arrange an examination for you. This will be dependent on the amount and type of disability you claim. Be sure to take this test, because should you miss it this could affect your claim.

After the examinations are completed after which after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA decides to deny the claim, you have a year to request a higher-level review.

A lawyer can help you in this situation. Accredited lawyers from VA can be involved in appeals from the beginning which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

A denial of disability benefits can be a gruelling 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, which has sent you the Rating Decision. In your Notice of Disagreement, you should explain to the VA why you are not happy with their decision. You don't need to list all the reasons, but you should mention all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used to make their decision. There are often documents that are not complete or have been deleted. This can result in a mistake in the rating.

When you submit your NOD it is up to you to decide if would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have more of a chance of success when the DRO reviews your case than if it's reviewed by the BVA.

You can request a private hearing with an expert in senior rating through a DRO review. The DRO will review your claim "de novo" which means they will not defer to the previous decision. This usually results in a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the longest taking appeals route and typically takes between one and three years to get a new decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee to assist you appeal an VA decision on an appeal for disability. However, current law prohibits lawyers from charging fees to assist when submitting a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case, or getting your benefits increased by an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans may be able to identify accredited representatives by using the VA's searchable database of accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters including disability compensation and pension claims.

Most veterans' disability advocates operate on a contingent basis. This means that they are only paid if they win the appeal of the client and get back payments from the VA. The amount of backpay granted can differ however it could be as high as 20 percent of a claimant's past due benefits.

In rare cases lawyers or agents could decide to charge an hourly rate. This is not common due to two reasons. These matters can take a long time to be resolved. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.