8 Tips To Enhance Your Veterans Disability Case Game

veterans disability attorney Disability Litigation

Ken assists veterans to obtain the disability benefits they deserve. Ken also represents clients in VA Board of veterans disability lawyer (Https://vimeo.com/709554788) 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 discriminating against their disability claims.

What is a VA Disability?

The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. This rating is determined by the severity of the injury or illness, and can range between zero and 100% in increments of 10% (e.g. 20%, 30 percent, etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.

The VA also has other programs that provide additional compensation like individual unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.

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

A majority of the conditions that allow an individual for disability compensation are described in the Code of Federal Regulations. However, veterans disability lawyer certain conditions require an expert opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients receive the disability benefits they deserve. We have handled a variety of disability cases and are conversant with the complexities of VA regulations and laws. Our firm was established by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans must first find the medical evidence that proves their disability. This includes X-rays and doctor's reports or any other documentation relevant to their health. It is crucial to provide these records to VA. If a veteran doesn't have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intention to file. This form lets the VA review your claim even before you have the needed information and medical records. It also protects your effective date for receiving compensation if you win your case.

When all the information is received after all the information has been received, the VA will arrange an examination for you. This will be dependent on the amount and type of disability you claim. Make sure you attend the exam, since if you miss it and fail to take it, it could hinder your claim.

The VA will provide you with a decision 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 more thorough review.

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

How do I appeal a denial?

The denial of disability benefits for veterans can be a source of frustration. The VA offers an appeals procedure for 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 Disagreement you should state to the VA the reasons why you did not agree with their decision. You don't have to give every reason, but you must be clear about the issues you don't agree with.

It is also essential to request your C-file (claims file) so that you can view the evidence that the VA used in making their decision. There are usually documents that are not complete or have been deleted. This can sometimes lead to a mistake in the rating.

When you file your NOD you will need to decide if you would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO reviews your case, compared to when it's reviewed by the BVA.

With the 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" which means they will not accept the previous decision. This usually will result in a brand new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most lengthy appeals process, and veterans disability lawyer it could take approximately three years to get an update on the decision.

How much can an attorney charge?

A lawyer may charge a fee for assisting you appeal an VA disability decision. The law currently does not allow lawyers to charge for assistance with a claim in the beginning. This is because the fee is contingent upon the lawyer winning your case or getting your benefits increased by an appeal. Typically these fees are paid directly from any lump-sum payments you receive from the VA.

Veterans can search the VA's database of attorneys who are accredited or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a vast range of issues, including pension claims, disability compensation and claims.

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

In rare cases, an agent or lawyer may choose to charge an hourly fee. However, this is uncommon due to two reasons. These issues can take months or even years to be resolved. Additionally, many veterans and their families can't afford to pay on an hourly basis.