The Reasons Veterans Disability Case Is Everywhere This Year
Veterans Disability Litigation
Ken assists veterans to 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 Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans by discriminating against their disability claims.
What is what is VA Disability?
The disability rating determines the amount of monthly payments to veterans who have service-related disabilities. The rating is based on the severity of the injury or illness and can vary from 0% to 100 percent in increments of 10% (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.
VA provides additional compensation through other programs, including individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credit that they can use to boost their lifetime earnings and be eligible for disability or retirement benefits. These additional credits are known 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 an expert's advice. An experienced lawyer can assist a client in obtaining this opinion and veterans disability case provide the proof needed to prove a claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans disability compensation in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled a variety of disability cases and are familiar with the intricacies of VA regulations and laws. Our firm was created by a disabled veteran who made fighting for veterans disability legal' rights a key part of his practice after successfully representing himself in a Board of veterans disability case - Highly recommended Webpage - Appeals hearing.
How do I make a claim?
Veterans need to first collect the medical evidence of their impairment. This could include X-rays, doctor's reports, as as any other documentation related to the veteran's condition. The submission of these records to the VA is crucial. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to submit an intent to file. This form permits the VA to begin reviewing your claim even before you have all the information and medical records you require. It also ensures that you have an effective date for compensation benefits should you prevail in your case.
When all the information is in when all the information is in, the VA will schedule an examination for you. It will depend on the number and type of disability you claim. Be sure to take this test, because in the event you fail to take it the exam could delay your claim.
The VA will send you a decision package after the examinations are completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer will 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?
Denial of veterans disability benefits can be a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you should tell the VA the reason you don't like their decision. It is not necessary to list every reason, but you should mention everything you disagree with.
You must also request your C-file or claims file so that you can see 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 a mistake in the rating.
When you submit your NOD, the applicant will be asked to choose whether you would like your case to be reviewed by a Board of veterans disability compensation Appeals or a Decision Review officer. Generally speaking, you will have a better chance of success with a DRO review than with the BVA.
When you request an DRO review, you have the option of requesting an individual hearing with a senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de de novo" basis, which means that they do not give deference to the previous decision. This typically results in a new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the longest appeals procedure and can take up to three years for an update on the decision.
How much does a lawyer charge?
A lawyer may charge a fee to help appeal the VA decision on the basis of disability. The current law does not allow lawyers to charge for assistance with a claim in the beginning. This is because the fee is dependent on the lawyer prevailing in your case or having your benefits increased through an appeal. Typically these fees are paid directly from any lump-sum payment you receive from the VA.
Veterans may be able to find accredited representatives via the VA's searchable database of accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and can represent veterans disability attorney, service members or their dependents in a wide range of issues such as pension claims and disability compensation claims.
Most disability advocates for veterans are paid on a contingency basis. They only receive compensation when they are successful in defending their client's case, and they receive back pay from VA. The amount of backpay granted can differ however it could be as high as 20 percent of a claimant's past-due benefits.
In rare cases an attorney or agent might decide to charge on an the basis of an hourly rate. However, this is uncommon due to two reasons. First, these issues are often time consuming and can drag on for months or even years. The second reason is that many veterans and their families are unable to afford to pay an hourly rate.
