5 Veterans Disability Case Projects For Any Budget

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they are entitled to. Ken also represents his clients in VA Board of veterans disability lawyer 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 denial of their disability claims.

What is an VA disability?

The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. The rating is based on the severity of the illness or injury and can range from 0% up to 100 percent in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is tax-free and serves as a basic income for the disabled veteran and their families.

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

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

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. Certain of these conditions, Veterans Disability case however, require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and present the evidence required to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients get the disability benefits they are entitled to. We have handled thousands of disability cases and are well-versed with the complexities of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for veterans disability settlement' rights a major part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must find the medical evidence supporting their disability. This includes Xrays, doctor's reports or other documentation related to their health. It is important to provide these records to 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 the filing of an intent to file. This is a form that permits the VA to review your claim before you have all the information and medical records required. It also preserves your date of eligibility for compensation benefits should you prevail in your case.

Once all the information is submitted, the VA will schedule an appointment for you. This will depend on the quantity and type of disabilities you are claiming. If you fail to attend this test, it could delay the process of submitting your claim.

Once the tests are complete Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision package. If the VA rejects your claim, you have a year from the date of the letter to request a more thorough 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 an enormous benefit for those who seek disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans disability compensation is a frustrating experience. Thankfully, the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your notice of disagreement, you should tell the VA the reason you don't like their decision. It is not necessary to list every reason, but you must mention all the aspects you don't agree with.

You must also request your C-file or claims file to see what evidence the VA used to arrive at their decision. There are usually insufficient or missing records. This can sometimes lead to an error in the rating.

If you file your NOD, the applicant will be asked to decide if you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general you'll have a higher chance of success if the DRO examines your case than when it's reviewed by BVA.

You can request a personal hearing with an expert in senior ratings through a DRO review. The DRO will review your claim "de novo" this means they will not defer to the previous decision. This usually results in a completely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the time lengthy appeals procedure and typically can take between one and three years to obtain an updated decision.

What is the cost an attorney could charge?

Lawyers can charge a fee to assist appeal the VA decision on the basis of disability. The current law does not permit lawyers to charge for initial assistance in a claim. This is because the fee has to be dependent on the lawyer prevailing in your case, or getting your benefits increased by an appeal. Typically the fees will be paid out of any lump-sum payments you receive from the VA.

veterans disability attorneys 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 disability case (Highly recommended Internet site) Affairs to represent veterans disability claim, service members or their dependents in a variety of issues including pension and disability compensation claims.

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

In rare instances an attorney or agent may decide to charge on an an hourly basis. This is not common due to two reasons. First, these situations can be time-consuming and can last for months or even years. Additionally, many veterans and their families are unable to afford to pay an hourly rate.