Why Veterans Disability Case Should Be Your Next Big Obsession

Veterans Disability Litigation

Ken counsels veterans of the military to help them obtain the disability compensation they deserve. Ken also represents clients in VA Board of berne veterans disability Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by disproportionately rejecting their disability claims, according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.

What is an 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 determined by the severity of the illness or injury and can vary from 0% to 100% in 10% increments (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides a basic income for the disabled veteran and their family.

VA offers additional compensation through other programs, for example individual unemployment allowances for clothing, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives morristown veterans disability special credits they can use to boost their lifetime earnings and qualify for retirement or disability benefits. These extra credits are referred to as "credit for service."

Many of the conditions that qualify veterans for disability compensation are included in the Code of Federal Regulations. Certain of these conditions however, require an expert's opinion. An experienced lawyer can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the disability benefits they are entitled to. We have handled a variety of disability cases and we are well-versed with the complexities of VA rules and regulations. Our firm was started by a disabled vet who made fighting for morrison veterans disability' rights a top priority in his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

Veterans need to first collect the medical evidence supporting their disability. This includes any X-rays, [empty] doctor's notes or other evidence related to their medical condition. Giving these records to VA is crucial. If a veteran doesn't have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. This form also preserves the effective date of your compensation benefits if you have a successful case.

The VA will schedule your exam once all of the information is received. It will depend on the amount and type of disabilities you are claiming. Make sure that you take this exam, as if you miss it, it could delay your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

At this moment, a lawyer will help you. Accredited lawyers from VA can be involved in appeals right from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be a source of frustration. The VA offers an appeals procedure to appeal these decisions. The first step is submitting an Notice of Disagreement to the VA regional office, which will then send you the Rating decision. In your Notice of Disagreement, you must explain to the VA why you disagreed with their decision. You don't have to include all the reasons however, you must mention all the points you disagree with.

It is also essential to request your C-file (claims file) to see the evidence the VA used in making their decision. Often times, there are missing or insufficient records. In certain cases it could lead to an error in the rating decision.

If you file your NOD, the applicant will be asked if you would like your case reviewed by an Board of palmetto veterans disability - go to vimeo.com - Appeals or a Decision Review officer. Generally speaking, you'll have a better chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through the process of a DRO review. The DRO will review your claim "de novo" this means they will not rely on the previous decision. This usually results in a new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest appeals process and can take up to three years before you receive an appeal to be heard.

What is the average cost a lawyer can charge?

A lawyer can charge a fee for helping appeal a VA decision on a disability claim. However, the law currently prohibits lawyers from charging for initial assistance in the case. The fee is only due 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 to find accredited representatives through the VA's searchable database of licensed attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent kirtland veterans disability, service members and Vimeo officially announced their dependents as well as survivors on a range of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingency basis. They only get paid when they win their client's appeal, and they are also paid back from VA. The amount of back pay that is given varies, but it can be as much as 20 percent of the claimant's past-due benefits.

In rare cases, an agent or lawyer might decide to charge an hourly fee. This is uncommon due to two reasons. These matters can take months or years to resolve. The second reason is that most veterans and their families can't afford to pay on an hourly basis.