Veterans Disability Case Tools To Streamline Your Daily Life Veterans Disability Case Technique Every Person Needs To Be Able To
Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by rejecting their disability claims in adisproportionate way as per a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The disability rating determines the amount of monthly compensation paid to veterans who have service-related disabilities. The rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is tax-free, and provides a minimum income for disabled veterans and their families.
The VA also has other programs that provide 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 In addition to these benefit programs, the Social Security Administration gives military veterans disability lawsuits extra credits to increase their earnings over the course of their lives for disability or retirement benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, certain conditions require an expert's opinion. A seasoned lawyer with experience can assist a client in obtaining this opinion and provide the evidence required to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients obtain the disability benefits they are entitled to. We have handled thousands disability cases and are conversant with the complexities of VA laws and procedures. Our firm was established in 1996 by a disabled vet who, after successfully representing himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I make a claim?
Veterans must first find the medical evidence to prove their impairment. This includes X-rays and doctor's reports, or other documents related to their health. The submission of these records to the VA is crucial. If a veteran doesn't have these documents, the VA must be informed by the claimant (or their VSO).
The next step is to file an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the medical records you need. This form also preserves the date you can start receiving your compensation benefits in case you win your case.
When all the information is received When all the information is submitted, the VA will schedule an exam for you. It will depend on the quantity and type of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.
The VA will provide you with a decision package after the tests have been completed. If the VA refuses to accept the claim you'll have a year to request a more thorough review.
At this stage, a lawyer is able to help you. Accredited lawyers from VA can be involved in appeals from the beginning, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be extremely frustrating. The VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must tell the VA why you are not happy with their decision. It is not necessary to list all the reasons but you should list everything you disagree with.
It's also important to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. There are usually documents that are not complete or have been deleted. This can lead to an error in the rating.
If you file your NOD, it will be asked if you would like your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general, you will have a higher chance of success with a DRO review than with the BVA.
You can request a private hearing with an expert in senior ratings through the process of a DRO review. The DRO will review your claim "de novo", meaning that they will not accept the previous decision. This usually results in an entirely new Rating Decision. You may also decide to have the BVA in Washington review your claim. This is the time consuming appeals path and typically takes one to three years to obtain an updated decision.
How much will a lawyer charge?
A lawyer may charge a fee for helping you appeal an VA disability decision. However, current law prohibits lawyers from charging for assistance in the case. The fee is only due if the lawyer wins your case or increases your benefits by filing an appeal. Typically these fees are paid directly out of the lump-sum payments that you receive from the VA.
Veterans are able to search the database of lawyers accredited to practice or claim agents to locate accredited representatives. These representatives are accredited by the Department of veterans disability law firm Affairs and can represent veterans, service members or dependents in a wide spectrum of cases such as pension claims and disability compensation claims.
Most veterans' disability advocates are paid on an ad-hoc basis. They only get paid when they succeed in winning their client's appeal and veterans disability they are also paid back from VA. The amount of backpay that is granted can differ but it could be as high as 20 percent of the claimant's past due benefits.
In rare cases an attorney or agent might decide to charge on an per hour basis. This isn't often the case due to two reasons. First, these situations are usually time-consuming and can last for months or even years. The second reason is that most veterans and their families are unable to afford to pay on an hourly basis.
