All-Inclusive Guide To Veterans Disability Case

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. 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 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 with service-related disabilities. This rating is determined by the severity of the injury or illness and may range between zero and 100% in increments of 10% (e.g. 20% 30, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and their families.

The VA also has other programs that provide additional compensation like individual unemployment, auto allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credit that they can use to increase their earnings over time to qualify for retirement or 133.6.219.42 disability benefits. These additional credits are referred to as "credit for service."

Many of the conditions that make disabled veterans for disability benefits are listed in the Code of Federal Regulations. Certain of these conditions, however require an expert's opinion. A veteran lawyer with experience can assist a client in obtaining this opinion and provide the necessary evidence to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are dedicated to assisting our clients receive the benefits they're entitled to. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in a Board of Veterans Appeals Hearing and making veterans' rights an important aspect of his work.

How do I make a claim?

The first step is to track down the medical evidence supporting their disability. This includes Xrays, doctor's reports, or other documents relevant to their medical condition. Making these records available to the VA is very important. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intention to file. This is a form that allows the VA to review your claim before you have all the medical records required. It also preserves your date of effective for benefits should you prevail in your case.

The VA will schedule your examination after all the required information is received. This will depend on the quantity and type of disability you claim. If you fail to attend this test, it could delay the process of your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA decides to deny the claim, you'll have a year to request a more extensive review.

A lawyer can be of assistance at this point. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is a huge benefit to people seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for veterans is a frustrating experience. The VA provides an appeals procedure for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to list every reason but you should list everything that you disagree on.

You must also request your C-file or claims file to determine what evidence the VA used to arrive at their decision. Often times there are gaps or insufficient records. This can result in an error in the rating.

When you file your NOD, you will be asked if you want your case reviewed by the Board of camilla veterans disability lawyer Appeals or 133.6.219.42 a Decision Review officer. In general you'll have more of a chance of success if the DRO reviews your case than when it's reviewed by BVA.

When you request an DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will conduct an investigation of your claim on the basis of a "de novo" basis, meaning they will not give any deference to the previous decision. This typically will result in a brand new Rating Decision. You can also choose to request that the BVA in Washington review your claim. This is the longest appeals process and it can take up to three years to reach an update on the decision.

How much can a lawyer charge?

A lawyer may charge a fee to help you appeal the VA decision regarding a disability claim. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or Vimeo.com increases your benefits by filing an appeal. Typically, these fees will be paid directly from the lump-sum payments that you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database for certified attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, bellmawr veterans disability lawsuit, dependents, or survivors in a range of issues including pension and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingency basis. This means that they will only be paid if they succeed in winning the client's appeal and receive back payment from the VA. The amount of backpay given can be different but it could be as high as 20 percent of a claimant's past-due benefits.

In rare instances attorneys or agents may decide to charge on an an hourly basis. This is not common due to two reasons. These matters could take months or even years to be resolved. Second, many veterans and their families don't afford to pay an hourly rate.