5 Veterans Disability Case Instructions From The Professionals

Veterans Disability Litigation

Ken counsels military little rock veterans disability lawyer to help them obtain the disability benefits they deserve. He is also a lawyer for his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims, according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and may range between zero and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is free of tax and provides a basic source of income to the disabled veteran and his family.

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

The Social Security Administration also gives veterans a special credit they can use to increase their lifetime earnings and qualify for retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which qualify a veteran to receive disability compensation. However, a few of these conditions require an expert opinion. An experienced veteran attorney can assist a client obtain this opinion, and provide the evidence required to prove an claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.

How do I file a claim?

First, veterans need to look up the medical evidence that supports their disability. This could include X-rays, doctor's reports, as well with any other documentation that is related to the condition of the veteran. It is important to provide these records to VA. If a veteran doesn't have these documents, 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 review your claim even before you have the needed information and medical records. It also preserves your effective date for receiving compensation when you win your case.

The VA will schedule your exam once all of the information is received. The VA will set the date for the examination in accordance with the number of disabilities and the type of disability you claim. Make sure you take this exam, Westland veterans Disability Attorney as If you don't and fail to take it, it could hinder your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA denies the claim, you will have one year to request a higher-level review.

A lawyer can help at this point. VA-accredited lawyers can now be involved in the appeals right from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be frustrating. The VA offers an appeals procedure to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send 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. You don't need to list all of the reasons but you should list everything you disagree with.

You should also request your C-file, or claims file, to see what evidence the VA used to arrive at their decision. In many cases there are missing or incomplete records. In some cases, this can lead to an error in the rating decision.

If you file your NOD, it will be asked to decide if you would like your case reviewed either by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you will be more likely to have success when you opt for a DRO review than with the BVA.

With the DRO review you have the option of asking for an individual hearing before a senior rating specialist. The DRO will conduct a review of your claim on a "de de novo" basis, which means that they do not give deference to the previous decision. This usually results in a totally new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most lengthy appeals process and it can take up to three years before you receive an appeal to be heard.

What is the cost an attorney could charge?

Lawyers may charge a fee to assist you appeal an VA disability decision. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be directly derived from the lump-sum payments that you receive from the VA.

westland westland veterans disability attorney veterans disability attorney (vimeo.com) can look through the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent veterans, service members or their dependents in a wide range of issues including pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on an hourly basis. This means that they only get paid if they are successful in winning the client's appeal and are awarded back payment from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total past due benefit award.

In rare instances lawyers or agents could decide to charge an hourly fee. However, this is not the norm due to two reasons. First, these situations can be time-consuming and can last for months or even years. Second, most veterans and their families are unable to afford to pay on an hourly basis.