Veterans Disability Case s History Of Veterans Disability Case In 10 Milestones
Veterans Disability Litigation
Ken advises veterans of the military to assist them in obtaining the disability compensation they deserve. Ken is also a lawyer for his clients at 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 disability compensation Affairs discriminated for decades against Black veterans disability legal, disproportionately refusing their disability claims.
What is what is VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic income to the disabled veteran and his family.
The VA also offers other programs that offer additional compensation, such as individual unemployment, auto allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to basic disability compensation.
In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their lifetime earnings for disability or retirement benefits. These additional credits are referred to as "credit for service."
A majority of the conditions that make an individual for disability compensation are included in the Code of Federal Regulations. However, a few of these conditions require an expert's advice. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence needed to support an application for veterans Disability claim disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans disability attorneys in disability claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled hundreds of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans disability claim (linked webpage) rights a priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I file a claim?
First, veterans need to track down the medical evidence to prove their condition. This includes X-rays or doctor's reports, as well as any other documentation related to the veteran's condition. It is vital to provide these documents to the VA. 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 a filing of an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. This form also protects the date of effective compensation benefits if you are successful in your case.
When all the information is in When all the information is submitted, the VA will schedule an exam for you. The VA will schedule the exam depending on the severity of your disability and the type you are claiming. In the event that you do not attend this exam, it could delay the process of your claim.
After the examinations are completed, the VA will examine the evidence and send you a decision package. If the VA decides to deny the claim, you will have one year to request a higher level review.
At this moment, a lawyer will assist you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be extremely frustrating. The VA provides an appeals procedure to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement you should state to the VA why you are not happy with their decision. It is not necessary to list every reason, but you should list all the points you don't agree with.
You should also request your C file, or claims file, to determine the evidence that the VA used to arrive at their decision. There are usually incomplete or missing data. This could lead to an error in the rating.
When you file your NOD, it will be asked to select whether you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. Generally speaking, you'll have a greater chance of success with the DRO review DRO review than with the BVA.
With the DRO review, you have the option of asking for an individual hearing before a senior rating specialist. The DRO will conduct an examination of your claim on the basis of a "de novo" basis, which means 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 consuming appeals path and Veterans Disability Claim typically takes between one and three years to obtain an updated decision.
How much will a lawyer charge?
A lawyer can charge a fee for helping you appeal an VA disability decision. But, current law prohibits lawyers from charging for assistance in a claim. The fee is only due when the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans may be able identify accredited representatives by using the VA's searchable database that lists certified attorneys or claims agents. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast range of issues such as pension claims and disability compensation claims.
Most disability advocates for veterans work on a contingency basis. They only get paid when they prevail in their client's appeal and they are also paid back from VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's past-due benefits.
In rare instances an attorney or agent may choose to charge an hourly fee. This isn't often the case due to two reasons. First, these cases are often time consuming and can go on for months or even years. Additionally, many veterans and their families can't afford an hourly fee.
