Is Veterans Disability Case As Important As Everyone Says
Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School veterans disability attorney Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is a VA disability?
The disability rating determines the amount of monthly payments to Veterans disability lawyers (https://dekatrian.com) with disabilities that are related to service. This rating is determined by the severity of an injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20% 30%, 20%, etc.). The compensation is tax-free and provides a basic income for disabled veterans and veterans disability lawyers their families.
The VA also has other programs that provide additional compensation, such as individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans extra 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."
Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. Certain of these conditions, however require the opinion of an expert. An experienced lawyer can assist clients in obtaining this opinion and provide the evidence needed to support the claim for disability benefits.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled a variety of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing, made veterans disability law' rights the top priority in his practice.
How do I make a claim?
Veterans must first find the medical evidence to prove their disability. This includes X-rays or doctor's reports, as in any other documentation related to the condition of the veteran. Giving these records to VA is crucial. 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 submit an intent to file. This form allows the VA examine your claim even before you have all the required information and medical records. It also keeps your effective date for compensation benefits if you win your case.
When all the information is in when all the information is in, the VA will schedule an appointment for you. The VA will schedule an exam according to the number of disabilities and the type you are claiming. Attend this exam as missing it could delay the process of submitting your claim.
The VA will send you a decision document after the tests have been completed. 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. VA-accredited lawyers are now involved in appeals from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans can be a source of frustration. The VA has an appeals process to appeal these decisions. The first step is to send a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you must inform the VA why you are not happy with their decision. It is not necessary to list all of the reasons however, you must mention everything that you disagree on.
It is also essential to request your C-file (claims file) so that you can review the evidence that the VA used to make their decision. There are usually incomplete or missing records. In some instances it could lead to an error in the rating decision.
When you file your NOD you must choose whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a higher chance of success when you opt for the DRO review DRO review than with the BVA.
When you request a DRO review you have the option of requesting an individual hearing with an experienced senior rating specialist. The DRO will conduct the review of your claim on the basis of a "de de novo" basis, which means they don't give deference the previous decision. This usually results in the issue of a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the most lengthy appeals procedure and can take up to three years for a new decision.
How much can an attorney charge?
A lawyer can charge a fee if you appeal a VA decision on a disability claim. The current law does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only due when the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be paid out of any lump-sum payments you receive from the VA.
Veterans may be able find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans disability claim, service members and their dependents as well as survivors on a range of issues such as disability compensation and pension claims.
Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they succeed in winning the appeal of the client and get back payments from the VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past due benefits.
In rare instances, an agent or lawyer might decide to charge an hourly rate. However, this is uncommon due to two reasons. These issues can take a long time to resolve. Second, many veterans and their families don't afford to pay an hourly fee.
