How To Recognize The Veterans Disability Case That s Right For You
Veterans Disability Litigation
Ken counsels veterans of the military to help them get the disability compensation they are entitled to. Ken also represents his clients at VA Board of Veterans Appeals Hearings.
The Department of veterans disability lawsuits Affairs discriminated against Black veterans for decades by generally denying their disability claims, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The disability rating determines the amount of compensation per month paid to veterans with service-related disabilities. The rating is based on the severity of an illness or injury and can vary between 0% and 100% in increments of 10% (e.g. 20% 30%, 20 percent, etc.). The compensation is exempt from tax and provides a basic source of income to the disabled veteran and his family.
VA provides additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization, automobile allowances, and hospitalization allowances. 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 increase their lifetime earnings for retirement or disability benefits. These credits are referred to as "credit for service."
Many of the conditions that qualify veterans for disability compensation are described in the Code of Federal Regulations. However, some of these conditions require an expert opinion. An experienced veteran attorney can assist a customer in obtaining this opinion and provide the evidence required to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the benefits they're entitled to. We have handled a variety of disability cases and are conversant with the intricacies of VA rules and regulations. Our firm was established by a disabled veteran who made fighting for veterans rights a top priority in his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans must locate the medical evidence for their impairment. This includes X-rays and doctor's reports as well with any other documentation that is related to the veteran's condition. Giving these records to VA is vital. 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 to make an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. The form also keeps the effective date of your compensation benefits if you have a successful case.
The VA will schedule your examination when all details have been received. This will depend on the number and type of disabilities you are claiming. If you fail to attend this test, it could delay the processing of your claim.
Once the examinations are complete After the examinations are completed, after the examinations are completed, VA will examine the evidence and send you a confirmation packet. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer could help you. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans disability benefits can be a very frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement, you must tell the VA why you disagree with their decision. It is not necessary to list all of the reasons, but you should mention all the points you disagree with.
You must also request your C-file, or claims file, to see the evidence that the VA used to make their decision. There are usually incomplete or missing records. This could lead to an error in the rating.
When you submit your NOD you must choose whether you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with a DRO review than with the BVA.
If you are subject to the DRO review you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will conduct an examination of your claim on an "de de novo" basis, which means that they don't give deference the previous decision. This usually results in an entirely new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the time taking appeals route and typically can take between one and three years to obtain an updated decision.
How much does an attorney charge?
A lawyer may charge a fee to assist appeal a VA decision on an appeal for disability. The current law does not allow lawyers to charge fees for initial assistance in a claim. This is because the fee has to be contingent on the lawyer winning your case, or having your benefits increased through an appeal. The fees are typically paid directly from any lump-sum payments you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad spectrum of cases, including pension claims, disability compensation and claims.
The majority of veterans' disability advocates are paid on the basis of a contingent. This means that they only get paid if they prevail in the client's appeal and are awarded back payment from the VA. The amount of back pay that is granted varies, but could be as much as 20 percent of the claimant's total past due benefit award.
In rare cases attorneys or agents may choose to charge on per hour basis. This is rare for two reasons. These matters could take months or even years to resolve. Second, most veterans disability attorney and their families are unable to afford to pay on an hourly basis.