Veterans Disability Case Tips That Will Change Your Life

Veterans Disability Litigation

Ken assists veterans to obtain the disability benefits they deserve. He also represents his 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 discriminating against their disability claims.

What is what is VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-connected disabilities. The rating is based on the severity of the injury or illness and can vary from 0% to 100% in 10% increments (e.g. 20%, lawsuits 20%, 30% etc). The compensation is exempt from tax and learn the facts here now provides a basic 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 hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

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

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions however require an expert's advice. A seasoned veteran attorney can assist a client obtain this opinion and provide the evidence required to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself at a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I make a claim?

The first step is to track down the medical evidence to prove their impairment. This includes X-rays and doctor's notes or other evidence that relate to their condition. Providing these records to the VA is crucial. If a veteran does not have these documents and the VA should be notified by the applicant (or their VSO).

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

When all the information is received When all the information is submitted, the VA will arrange an examination for you. The VA will schedule the exam in accordance with the severity of your disability and the type of disability you claim. Don't miss this exam because it could delay the processing of your claim.

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

A lawyer can assist you at this point. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is hugely beneficial to people seeking disability benefits.

How do I appeal a denial?

The denial of veterans disability lawyers' disability benefits can be extremely frustrating. The VA has an appeals process for these decisions. The first step is to submit a Notice to Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you must explain to the VA why you were dissatisfied with their decision. You don't have to give every reason, but you must be clear about the issues you disagree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used in making their decision. Sometimes there are missing or insufficient records. This can lead to a mistake in the rating.

When you file your NOD, you will be asked to choose whether you want your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you'll be more likely to have success with the DRO review DRO review than with the BVA.

In the event of the DRO review you can request an individual hearing with a senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, which means that they will not give any deference to the previous decision. This usually results in an entirely new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the longest appeals process and it can take up to three years before you receive an appeal to be heard.

How much can a lawyer charge?

A lawyer can charge a fee for helping you appeal the VA decision regarding an appeal for disability. The law in place today does not permit lawyers to charge for assistance with a claim in the beginning. This is because the fee is contingent on the lawyer winning your case or having your benefits increased through an appeal. Typically the fees are paid directly out of any lump-sum payments you get from the VA.

Veterans can look through the VA's 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 and their dependents or survivors in a range of issues including pension and disability compensation claims.

The majority of veterans' disability advocates are paid on an ad-hoc basis. This means that they only get paid if they win the appeal of the client and receive back payment from the VA. The amount of backpay that is given can be different, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare instances an attorney or agent might choose to charge an hourly rate. This is rare for two reasons. These matters can take months or even years to be resolved. Additionally, many veterans and their families cannot afford an hourly rate.