10 Veterans Disability Case Tricks Experts Recommend

veterans disability compensation Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability benefits they deserve. He also represents his 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 disproportionately denying their disability claims.

What is a VA disability?

The disability rating determines the amount of compensation per month paid to veterans with service-related disabilities. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a minimum income to the disabled veteran and his family.

VA provides additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives veterans disability legal special credits that they can use to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Certain of these conditions however require an expert's advice. An experienced lawyer can assist a client to obtain this opinion and provide the evidence needed to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans' rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I file a claim?

veterans disability attorneys must first locate the medical evidence supporting their disability. This includes Xrays, doctor's notes or other evidence relevant to their condition. Giving these records to VA is vital. If a veteran does not have these documents, they should be provided 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 permits the VA to review your claim even before you have all the medical records you need. It also ensures that you have an date of eligibility for compensation benefits in the event that you win your case.

When all the data is provided When all the information is submitted, the VA will schedule an examination for you. This will be dependent on the number and type of disability you claim. Make sure you take this exam, as should you miss it the exam could delay your claim.

Once the examinations are complete, the VA will review the evidence and send you a decision packet. If the VA denies your claim, Veterans disability lawyers you have a year from the date of the letter to request a more thorough review.

At this stage, a lawyer is able to help you. VA-accredited attorneys can now get involved in the appeals process from the beginning, which is a hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be frustrating. The VA provides an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disparage, you must tell the VA why you are not happy with their decision. It is not necessary to list every reason, but you should be clear about the issues you don't agree with.

It is also essential to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. Often times, there are missing or incomplete records. In certain cases this could lead to an error in the rating decision.

If you submit your NOD it is up to you to decide if want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO examines your case than if it's viewed by the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will examine your claim "de de novo" which means they will not be influenced by the previous decision. This usually results in an entirely new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the most lengthy appeals procedure and can take up to three years before you receive an appeal to be heard.

What is the average cost a lawyer can charge?

A lawyer may charge a fee to help you appeal an VA decision regarding a disability claim. The law currently does not permit lawyers to charge for initial assistance in a claim. The fee is only due if the lawyer wins your case or increases your benefits via an appeal. Typically, these fees will be paid directly out of any lump-sum payments you get from the VA.

veterans disability lawyers (click here to visit bbarlock.com for free) are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These people have been accredited by the Department of veterans disability lawsuit Affairs to represent veterans, service members, dependents, or survivors in a variety of issues such as disability compensation and pension claims.

Most disability advocates for veterans are paid on a contingent basis. This means that they only get paid if they succeed in winning the appeal of the client and get back pay from the VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of the claimant's past due benefits.

In rare instances attorneys or agents may decide to charge an per hour basis. However, this is not the norm due to two reasons. First, these issues are usually time-consuming and veterans disability lawyers can take months or even years. Second, many veterans and their families can't afford to pay an hourly fee.