What Is Veterans Disability Case How To Make Use Of It

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken assists his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA Disability?

The disability rating determines the amount of monthly payments to veterans with service-connected disabilities. This rating is determined by the severity of the injury or illness and may range between 0% and 100% in increments of 10% (e.g. 20%, 30 percent, etc.). The compensation is tax-free and provides basic income for disabled veterans and their families.

VA provides additional compensation through other programs, like individual unemployment, clothing allowances prestabilization and hospitalization automobile allowances, and Brownsville Veterans Disability Attorney hospitalization allowances. These are in addition to the standard disability compensation.

In addition to these benefit programs the Social Security Administration gives military Brownsville Veterans Disability Attorney special credits to increase their earnings over the course of their lives for retirement or disability benefits. These additional credits are referred to as "credit for service."

A majority of the conditions that allow disabled veterans for disability benefits are listed in the Code of Federal Regulations. Some of these conditions, however require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and present the evidence required to support the claim for disability benefits.

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 well-versed with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

First, veterans need to track down the medical evidence to prove their condition. This includes X-rays and doctor's reports as well with any other documentation that is related to the veteran's condition. It is crucial to provide these records to VA. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).

The next step is a filing of an intent to file. This is a form that allows the VA to review your claim before you have all the medical records you require. It also keeps your date of effective for benefits when you win your case.

The VA will schedule your examination after all the information is received. The VA will schedule an examination according to the number of disabilities as well as the type of disability you claim. Make sure you take this test, because if you miss it the exam could delay your claim.

After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a decision package. 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 moment, a lawyer could assist you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a huge benefit to those who are seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a frustrating experience. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office who sent you the Rating decision. In your notice of disagreement, you must inform the VA the reasons you don't agree with their decision. It is not necessary to list every reason, but you should list all the points you don't agree with.

It is also essential to request your C-file (claims file) to see the evidence that the VA used to make their decision. There are usually incomplete or missing records. In some cases it could lead to an error in the rating decision.

When you file your NOD, you must decide whether you would like your case reviewed by a Decision-Review Officer or brownsville veterans disability attorney by the Board of Veterans Appeals. In general, you'll be more likely to have success when you opt for a DRO review than with the BVA.

When you request the DRO review you have the option of asking for an individual hearing before a senior rating specialist. The DRO will examine your claim "de de novo" which means they will not accept the previous decision. This usually results in a totally new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and can take approximately three years to get an appeal to be heard.

What is the average amount an attorney can charge?

A lawyer can charge a fee for helping you appeal an VA decision regarding the basis of disability. But, current law prohibits lawyers from charging fees for assistance in the case. The fee is only payable when the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.

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

The majority of veterans' disability advocates are paid on an hourly basis. They only get paid 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 granted varies, but could be as high as 20 percent of the claimant's total past-due benefit.

In rare instances lawyers or agents may choose to charge an hourly rate. But, this isn't common for two reasons. First, these cases are usually time-consuming and can take months or even years. Second, most veterans and their families cannot afford to pay for these services on an hourly basis.