Is Veterans Disability Case As Important As Everyone Says
Veterans Disability Litigation
Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School veterans disability lawyers Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans by denial of their disability claims.
What is a VA disability?
The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is determined on their disability rating. The rating is based on the severity of an injury or illness, and can range between 0% and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is tax-free, veterans disability Attorneys and provides a minimum income for disabled veterans disability lawsuit and their family.
VA offers additional compensation through other programs, like individual unemployment allowances for clothing as well as prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans disability attorneys (go to www.nlvl.wiki) special credits to increase their lifetime earnings for retirement or disability benefits. These credits are referred to as "credit for service."
Code of Federal Regulations lists a variety of conditions that make a veteran eligible for disability compensation. However, a few of these conditions require an expert's advice. A skilled lawyer with years of experience can help a client obtain this opinion and provide the evidence needed to prove the claim for disability benefits.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for veterans disability attorneys disability. 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 complicated nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who was able to successfully represent himself in a Board of veterans disability lawsuit Appeals Hearing and making veterans' rights a priority for his practice.
How do I make a claim?
The first step is to find the medical evidence to prove their condition. This includes any X-rays, doctor's reports or any other documentation that relate to their medical condition. It is vital to provide these documents to the VA. If a veteran doesn't have these documents and the VA should be notified by the claimant (or their VSO).
The next step is the filing of an intention to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also preserves your date of effective for benefits in the event that you win your case.
The VA will schedule your appointment after all the information has been received. The VA will schedule the exam depending on the severity of your disability and the type of disability you're claiming. Don't miss this exam because it could delay the process of submitting your claim.
The VA will send you a decision package after the examinations are completed. If the VA decides to deny the claim, you will have one year to request a more extensive review.
A lawyer can be of assistance in this situation. VA-accredited lawyers can now be involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits is a frustrating experience. The VA provides an appeals procedure to appeal these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice of Disagreement, you must explain to the VA why you are not happy with their decision. You don't have to include all the reasons but you should list everything that you disagree on.
You must also request a C-file or claims file to see the evidence that the VA used to arrive at their decision. There are often incomplete or missing records. This can sometimes lead to an error in the rating.
When you file 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. In general, you will be more likely to have success when you opt for a DRO review than with the BVA.
When you request the DRO review, you have the option of asking for an individual 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 usually results in a totally new Rating Decision. You can also choose to have the BVA in Washington examine your claim. This is the time demanding appeals process and usually takes anywhere from one to three years for a new decision.
How much can a lawyer charge?
A lawyer can charge a fee to help you appeal the VA decision on an appeal for disability. However, current law prohibits lawyers from charging for initial assistance with a claim. This is because the fee is contingent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. Typically these fees are paid directly from any lump-sum payments you receive from the VA.
Veterans can use the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These individuals are accredited by the Department of Veterans Affairs and are able to represent veterans disability claim, service members or dependents in a wide variety of cases including disability compensation claims and pension claims.
Most veterans' disability advocates are paid on an ad-hoc 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 that is paid can vary but can be as high as 20 percent of a claimant's past-due benefits.
In rare cases attorneys or agents may decide to charge on an the hourly basis. But, this isn't common for two reasons. First, these matters are often time consuming and can drag on for months or even years. Second, many veterans and their families cannot afford to pay an hourly fee.
