7 Things You ve Never Known About Veterans Disability Case
Veterans Disability Litigation
Ken assists veterans disability compensation in navigating the system to assist them in getting the disability compensation they deserve. He is also a lawyer for his clients at VA Board of veterans disability lawyer - helioshine.org - 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 veterans disability lawyer decades against Black veterans, disproportionately refusing their disability claims.
What is a VA disability?
The amount of monetary compensation per month given to veterans with service-related disabilities is based on their disability rating. The rating is based on the severity of the illness or injury and can range from 0% to 100 percent in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
The VA also offers other programs that offer additional compensation like individual unemployability, automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These are in addition to the standard disability compensation.
In addition to these benefit programs in addition, the Social Security Administration gives military veterans extra credits to increase their retirement or disability benefits. These credits are also referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that can qualify a veteran for disability compensation. Certain of these conditions, however, require an expert's opinion. An experienced lawyer can help a client obtain this opinion and present the evidence required to support the claim for disability benefits.
Sullivan & Kehoe has extensive experience representing veterans disability law in disability claims and appeals. We are dedicated to assisting our clients get the benefits they're entitled to. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans' rights a major part of his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I submit a claim?
The first step is to look up the medical evidence for their condition. This includes Xrays or doctor's reports, as in any other documentation related to the condition of the veteran. Making these records available to the VA is crucial. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intent to file. This form allows the VA examine your claim even before you have the necessary information and medical records. It also ensures that you have an effective date for receiving compensation if you win your case.
When all the data is in, the VA will schedule an exam for you. This will depend on the type and number of disabilities you are claiming. Don't miss this exam because it could delay the processing of your claim.
Once the examinations are complete after which the VA will review the evidence and send you a decision packet. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.
At this stage, a lawyer is able to help you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a difficult experience. The VA offers an appeals procedure to appeal these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disparage, you have to tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should mention everything that you disagree on.
It's also crucial to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. There are often documents that are not complete or have been deleted. In some cases it could lead to an error in the rating decision.
After you have submitted your NOD, you'll be asked to decide if you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success when the DRO examines your case than when it's reviewed by the BVA.
In the event of an DRO review you can request a personal hearing before an experienced senior rating specialist. The DRO will conduct a review of your claim on an "de novo" basis, which means they will not give deference to the previous decision. This usually results in an entirely new Rating Decision. You may also decide to request that the BVA in Washington examine your claim. This is the most lengthy appeals process and can take up to three years for an update on the decision.
How much can an attorney charge?
Lawyers can charge a fee to assist appeal a VA decision regarding an appeal for disability. However, the law currently prohibits lawyers from charging for assistance when submitting a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be paid out of any lump-sum payment you receive from the VA.
Veterans may be able to identify accredited representatives by using the VA's searchable database of accredited attorneys or Veterans Disability Lawyer claims representatives. These individuals have been approved by the Department of veterans disability claim Affairs to represent service members, veterans and their dependents or survivors in a variety of matters including pension and disability compensation claims.
The majority of veterans' disability advocates are paid on a contingency basis. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of back pay granted varies, but could be as high as 20 percent of the claimant's total benefit award.
In rare cases, an agent or attorney may decide to charge on an per hour basis. However, this is not the norm for two reasons. First, these cases are often time consuming and can take months or even years. Additionally, many veterans and their families can't afford to pay an hourly fee.
