10 Top Books On Veterans Disability Case

Veterans Disability Litigation

Ken counsels military veterans to assist them in getting the disability compensation they deserve. He also represents his clients at VA Board of Veterans 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 disability attorneys [check out this one from www.kenpoguy.com] by discriminating against their disability claims.

What is an VA disability?

The disability rating determines the amount of compensation per month paid to veterans with disabilities that are related to service. This rating is determined by the severity of an injury or illness and can range from 0% and 100% in increments of 10% (e.g. 20% 30 percent, 30 percent, etc.). The compensation is tax-free and provides a basic income for disabled veterans and Veterans Disability Attorneys their family.

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance, and hospitalization and prestabilization benefits. These are in addition to the regular disability compensation.

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans special credits to boost their disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Certain of these conditions, however require an expert's advice. An experienced veteran attorney can assist a client in obtaining this opinion and provide the evidence required to prove an claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to helping our clients obtain the disability benefits they deserve. We have handled thousands of disability cases and are well-versed in the complex nature of VA law and procedure. Our firm was founded in 1996 by a disabled vet who after securing his own representation in a Board of veterans disability lawsuit Appeals Hearing and gaining the support of veterans, made the rights of veterans an integral part of his practice.

How do I make a claim?

veterans disability legal must first find the medical evidence of their disability. This includes X-rays or doctor's reports as well as any other documentation related to the condition of the veteran. The submission of these records to the VA is crucial. If a veteran does not have these documents and the VA should be notified by the applicant (or their VSO).

The next step is a filing of an intent to file. This form lets the VA to review your claim before you have all the required information and medical records. This form also ensures the date on which you will receive your compensation benefits in the event that you have a successful case.

When all the information is provided When all the information is submitted, the VA will schedule an exam for you. This will depend on the quantity and type of disabilities you are claiming. Make sure that you take this test, because If you don't the exam could delay your claim.

After the examinations have been completed Once the examinations are complete, after the examinations are completed, VA will examine the evidence and give you a decision-making packet. If the VA rejects the claim, you have a year to request a higher-level review.

At this stage, a lawyer is able to help you. Lawyers who are accredited by VA can now be involved in the appeals from the beginning, which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be frustrating. The VA has an appeals process for these decisions. The first step is submitting an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disparage, you must tell the VA the reasons you don't agree with their decision. You don't have to include all the reasons but you should include all the points you disagree with.

You must also request a C-file or claims file so that you can determine the evidence that the VA used to reach their decision. There are often documents that are not complete or have been deleted. In some instances this could result in an error in the rating decision.

When you file your NOD, you will be asked if you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general, you'll have a greater chance of success with the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through a DRO review. The DRO will conduct an investigation of your claim on an "de de novo" basis, which means that they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time demanding appeals process and usually takes between one and three years to receive an updated decision.

What is the cost an attorney could charge?

Lawyers may charge a fee to assist you appeal a VA disability decision. However, the law currently prohibits lawyers from charging for initial assistance when submitting a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits through an appeal. Typically the fees are paid directly out of any lump-sum payment you receive from the VA.

Veterans are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. They are vetted by the Department of Veterans Affairs and can represent service members, veterans or dependents in a vast range of matters including pension and disability compensation claims.

The majority of veterans' disability advocates work on a contingency basis. This means that they only get paid if they win the client's appeal and receive back payment from the VA. The amount of backpay that is granted can differ but 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 per hour basis. This is uncommon due to two reasons. First, these matters are often time consuming and can go on for months or even years. The second reason is that many veterans disability claim and their families can't afford to pay an hourly fee.