What s The Reason Veterans Disability Case Is Everywhere This Year
Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they deserve. He also represents his clients at VA Board of veterans disability settlement Appeals Hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week, the Department of veterans disability claim Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is an VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have service-related disabilities. The rating is determined by the severity of the injury or illness and can be as low as 0% and up to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their family.
VA provides additional compensation through other programs, such as individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to the regular 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 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 an expert's opinion. An experienced lawyer can assist a customer in obtaining an opinion, and also provide the evidence required to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.
How do I claim a benefit?
The first step is to look up the medical evidence to prove their disability. This includes Xrays, doctor's notes or other evidence that relate to their medical condition. It is essential to submit these records to VA. If a veteran doesn't have these documents and the VA should be notified by the applicant (or their VSO).
The next step is a filing of an intention to file. This form allows the VA review your claim even before you have all the required information and medical records. This form also ensures the date of effective compensation benefits if you succeed in your claim.
Once all the information is in when all the information is in, the VA will schedule an appointment for you. The VA will schedule an examination according to the number of disabilities and the type you are claiming. Be sure to take this exam, as if you miss it and fail to take it, it could hinder your claim.
The VA will send you a decision package when the examinations have been completed. If the VA denies the claim, you have a year to request a higher-level review.
A lawyer can help you in this situation. VA-accredited lawyers can now be involved in appeals 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 frustrating experience. Thankfully that the VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disparage, you must inform the VA the reason you don't like their decision. You don't have to list all the reasons, but you should mention everything that you disagree on.
It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. Often times, there are missing or incomplete records. In certain cases it could lead to an error Veterans Disability Litigation in the rating decision.
If you file your NOD, the applicant will be asked to decide if you want your case to be reviewed by an Board of Veterans Appeals or Veterans Disability Litigation a Decision Review officer. In general, you'll have a better chance of success if the DRO examines your case than when it's reviewed by the BVA.
You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will examine your claim "de de novo" which means that they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the time consuming appeals path and typically takes one to three years for a new decision.
How much can an attorney charge?
A lawyer may charge a fee to assist appeal a VA decision regarding an appeal for disability. The law as it stands today does not permit lawyers to charge for assistance with a claim in the beginning. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.
veterans disability compensation can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. They have been vetted by the Department of Veterans Affairs to represent service members, veterans disability claim, dependents, or survivors on a range of issues such as disability compensation and pension claims.
Most disability advocates for veterans operate on a contingent basis. They only receive compensation when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay given can be different but can be as high as 20 percent of a claimant's past due benefits.
In rare cases lawyers or agents could decide to charge an hourly rate. This isn't often the case due to two reasons. First, these situations are often time consuming and can take months or even years. The second reason is that most veterans and their families are unable to afford to pay for these services on an hourly basis.
