10 Veterans Disability Case Tricks Experts Recommend
Veterans Disability Litigation
Ken counsels military veterans to assist them in getting the disability compensation they are entitled to. He assists 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 Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.
What is a VA disability?
The amount of monetary compensation per month paid to veterans with disabilities resulting from service is based on their disability rating. The rating is based on the severity of the illness or injury and can range from 0% to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic amount of income to the disabled veteran and his family.
The VA also has other programs that provide additional compensation, such as individual unemployment, auto allowance, clothing allowance, and prestabilization and hospitalization benefits. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans disability lawsuit (https://mnwiki.org/index.php/3_Reasons_Three_Reasons_Your_Veterans_Disability_Attorneys_Is_Broken_And_How_To_Repair_It) special credits that they can utilize 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."
A majority of the conditions that qualify veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however require an expert's advice. A veteran lawyer with experience can assist a client obtain an opinion, and also provide the evidence required to prove a claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled thousands disability cases and are conversant with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled veteran who was able to successfully represent himself in a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights a priority for his practice.
How do I submit a claim?
First, veterans disability case must look up the medical evidence that supports their impairment. This includes X-rays, doctor's reports or any other documentation regarding their condition. Giving these records to VA is vital. If a veteran doesn't have these documents then the VA should be notified by the applicant (or their VSO).
The next step is to make an intent to file. This form lets the VA review your claim even before you have all the required information and medical records. The form also keeps the date of effective compensation benefits in case you succeed in your claim.
The VA will schedule your medical exam after all the details have been received. The VA will schedule an exam based on the severity of your disability and the type you claim. Don't miss this exam because it could delay the process of submitting your claim.
After the examinations have been completed After the examinations are completed, the VA will review the evidence and send you a decision package. If the VA decides to deny the claim, you'll have a year to request a higher-level review.
A lawyer can help at this point. VA-accredited lawyers are now involved in appeals from the start, which is a huge advantage for those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be a source of frustration. Thankfully the VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you should explain to the VA the reasons why you did not agree with their decision. You don't need to list all of the reasons, but you should mention everything you disagree with.
You must also request your C-file, or claims file, to determine the evidence that the VA used to make their decision. There are often incomplete or missing data. This can result in an error in the rating.
After you have submitted your NOD, Veterans Disability lawsuit the applicant will be asked to select whether you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have more of a chance of success when the DRO examines your case than if it's reviewed by the BVA.
You can request a personal hearing with an expert in senior ratings through the process of a DRO review. The DRO will examine your claim "de de novo", meaning that they will not rely on the previous decision. This usually results in an entirely new Rating Decision. You can also choose to have the BVA in Washington review your claim. This is the longest appeals process, and it could take up to three years to reach an appeal to be heard.
What is the cost an attorney could charge?
A lawyer can charge a fee if appeal an VA decision regarding the basis of disability. However, current law prohibits lawyers from charging fees to assist in a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically the fees will be paid directly from any lump-sum payments you receive from the VA.
veterans disability lawyer may be able to find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad range of matters such as disability compensation claims and pension claims.
Most disability advocates for veterans disability compensation work on a contingency basis. This means that they will only be paid if they prevail in the appeal of the client and get back payment from the VA. The amount of backpay that is granted can differ but can be as high as 20 percent of a claimant's past due benefits.
In rare cases, an agent or attorney may decide to charge an an hourly basis. This isn't often the case due to two reasons. First, these cases are often time consuming and can take months or even years. Additionally, many veterans and their families can't afford an hourly rate.
