8 Tips To Improve Your Veterans Disability Case Game
veterans disability litigation (webpage)
Ken assists veterans disability attorney to get the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way, according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA Disability?
The disability rating determines the amount of compensation per month paid to veterans disability claim who have service-related disabilities. This rating is based upon the severity of the illness or injury and can vary from 0% to 100% in 10% increments (e.g., 20 percent, 30%, etc.). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, for example individual unemployment, clothing allowances prestabilization and hospitalization automobile allowances, as well as hospitalization allowances. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can use to boost their earnings over time to qualify for retirement or disability benefits. These extra credits are known as "credit for service."
Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Some of these conditions, however, require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining this opinion, and Veterans disability litigation supply the necessary evidence to support an claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans disability attorneys in disability claims and appeals. We are dedicated to assisting our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a priority in his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first gather the medical evidence that proves their disability. This includes X-rays and doctor's notes or other evidence that relate to their condition. The submission of these records to the VA is essential. If a veteran does not have these documents, they must be provided to the VA by the claimant or their VSO (veteran service organization).
The next step is to fill out an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. It also keeps your effective date for compensation benefits when you win your case.
The VA will schedule your examination once all of the details have been received. It will depend on the quantity and type of disabilities you are claiming. Make sure you attend this test, because If you don't and fail to take it, it could hinder your claim.
The VA will send you a decision document once the examinations have been completed. If the VA rejects your claim, you have one year from the date of the letter to request a higher-level review.
At this moment, a lawyer will assist you. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is hugely beneficial to 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 which sent you the Rating Decision. In your Notice of Disagreement you should tell the VA why you disagree with their decision. You don't have to include every reason, but you should mention everything you disagree with.
It's also crucial to request your C-file (claims file) so you can see the evidence the VA used to make their decision. There are often insufficient or missing records. This can result in an error in the rating.
When you submit your NOD you will need to decide if you want to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. Generally speaking, you'll have a better chance of success when you opt for the DRO review DRO review than with the BVA.
In the event of the DRO review, you can request a personal hearing before a senior rating specialist. The DRO will examine your claim "de novo" which means that they will not be influenced by the previous decision. This typically results in the issue of a new Rating Decision. You can also have the BVA in Washington review your claim. This is the longest taking appeals route and typically can take between one and three years for an updated decision.
What is the average amount an attorney can charge?
Lawyers can charge a fee to assist appeal a VA decision on a disability claim. However, current law prevents lawyers from charging fees for assistance in a claim. The fee is only payable if the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.
Veterans may be able find accredited representatives via the VA's searchable database that lists certified attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents in a variety of matters including pension and disability compensation claims.
The majority of veterans disability claim' disability advocates work on a contingency basis. This means that they will only be paid if they prevail in the client's appeal and are awarded back payments from the VA. The amount of backpay that is paid can vary but it could be as high as 20 percent of a claimant's past due benefits.
In rare instances an attorney or agent could decide to charge an hourly fee. This is not common due to two reasons. First, these situations can be time-consuming and can take months or even years. In addition, many veterans and their families don't afford to pay an hourly fee.
