8 Tips To Improve Your Veterans Disability Case Game
Veterans Disability Litigation
Ken advises veterans of the military to help them obtain the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of veterans disability settlement Affairs discriminated against Black veterans for a long time by disproportionately rejecting their disability claims as per a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The disability rating determines the amount of monthly payments to veterans who have service-related disabilities. The rating is based on the severity of the injury or illness and can range from 0% up to 100 percent in increments of 10% (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.
The VA also has other programs that provide additional compensation like individual unemployment, car allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the regular disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans extra credits to increase their earnings over the course of their lives for disability or retirement benefits. These additional credits are known as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, some of these conditions require an expert's advice. A seasoned veteran attorney can assist a customer in obtaining this opinion and provide the evidence required to prove the claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are proficient in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans disability attorney rights a priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.
How do I make a claim?
First, veterans disability settlement need to look up the medical evidence to prove their disability. This could include X-rays, doctor's notes, as well any other documentation pertaining to the veteran's condition. It is essential to submit these records to VA. If a veteran doesn't have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is a filing of an intention to file. This form allows the VA to begin reviewing your claim, even before you have all the information and medical records you require. It also ensures that you have an date of effective for benefits when you win your case.
The VA will schedule your medical exam when all details have been received. This will depend on the number and type of disability you claim. Attend this exam as missing it could delay the processing of your claim.
After the examinations are completed, the VA will examine the evidence and then send you a decision packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.
A lawyer can be of assistance at this point. Lawyers who are accredited by VA can now be involved in appeals from the beginning which is an enormous benefit for those seeking disability benefits.
How do I appeal a denial?
The denial of disability benefits to veterans can be extremely frustrating. Thankfully there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disparage, you have to tell the VA the reasons you don't agree with their decision. You don't need to list all the reasons however, you must mention all the points you disagree with.
It's also important to request your C-file (claims file) so that you can review the evidence that the VA used in making their decision. There are usually insufficient or missing records. This could lead to 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 will have a greater chance of success with the DRO review DRO review than with 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 accept the previous decision. This usually results in the issue of a new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest lengthy appeals procedure and typically takes anywhere from one to three years to receive a new decision.
How much can a lawyer charge?
Lawyers may charge a fee for helping you appeal an VA disability decision. The law currently does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee has to be dependent on the lawyer winning your case or getting your benefits increased through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.
Veterans can search the VA's database of attorneys who are accredited or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and are able to represent veterans, Veterans Disability Litigation service members or dependents in a broad variety of cases such as disability compensation claims and pension claims.
Most veterans' disability advocates work on a contingency basis. They only get paid when they win their client's appeal, and they receive back pay from VA. The amount of back pay given varies, but it can be as much as 20 percent of the claimant's total past-due benefit.
In rare instances an attorney or agent may choose to charge an hourly fee. This is rare for two reasons. These matters can take a long time to be resolved. In addition, the majority of veterans and their families can't afford to pay for these services on an hourly basis.
