10 Healthy Veterans Disability Case Habits
Veterans Disability Litigation
Ken helps veterans obtain the disability benefits they deserve. Ken assists his clients at VA Board of veterans disability legal Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades, rejecting their disability claims in adisproportionate way according to a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA disability?
The disability rating determines the amount of monthly compensation paid to veterans with service-related disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income for the disabled veteran and their family.
VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, allowances for automobiles, and hospitalization allowances. These are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits that they can use to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These extra credits are referred to as "credit for service."
Code of Federal Regulations lists many of the conditions which make a veteran eligible for disability compensation. However, a few of these circumstances require an expert's opinion. A skilled lawyer with years of experience can assist a client to obtain this opinion and provide the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans disability claim in appeals and claims for disability. We are dedicated to helping our clients get the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans disability case rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
The first step is to look up the medical evidence for their condition. This includes X-rays, doctor's reports or other documentation that relate to their health. It is vital to provide these records to VA. If a veteran doesn't have these documents then the VA must be informed by the applicant (or their VSO).
The next step is a filing of an intention to file. This form allows the VA to review your claim before you have all the information and Veterans Disability Attorneys medical records you need. It also keeps your date of eligibility for compensation benefits should you prevail in your case.
If all the required information is submitted, the VA will arrange an examination for you. This will be dependent on the number and type of disability you claim. Make sure that you take the exam, since if you miss it and fail to take it, it could hinder your claim.
The VA will send you a decision package after the tests have been completed. If the VA refuses to accept the claim you'll have a year to request a more extensive review.
A lawyer can assist you at this point. VA-accredited lawyers are now involved in appeals from the start, which is a huge benefit for those who are seeking disability benefits.
How do I appeal a denial?
Denial of veterans' disability benefits can be extremely frustrating. Thankfully the VA has an appeals process for these decisions. The first step is to send an Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your notice of disagreement, you should tell the VA the reasons you don't agree with their decision. You don't have to give every reason, but you should state all the issues that you don't agree with.
It's also important to request your C-file (claims file) to see the evidence the VA used to make their decision. There are often incomplete or missing records. This can result in an error in the rating.
If you file your NOD, the applicant will be asked to decide if you would like your case reviewed either by a Board of veterans disability attorneys (simply click the next document) Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO examines your case rather than when it's reviewed by the BVA.
In the event of a DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo" which means they will not accept the previous decision. This typically results in the issue of a 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 between one and three years for an updated decision.
How much can an attorney charge?
A lawyer may charge a fee to assist you appeal an VA decision regarding a disability claim. However, veterans disability attorneys the law currently prohibits lawyers from charging for initial assistance when submitting a claim. This is due to the fact that the fee has to be contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically, these fees will be directly derived from the lump-sum payments that you receive from the VA.
Veterans may be able to find accredited representatives through the VA's searchable database for accredited attorneys or claims representatives. These people are accredited by the Department of Veterans Affairs and can represent service members, veterans or dependents in a broad variety of cases such as pension claims and disability compensation claims.
The majority of veterans' disability advocates are paid on a contingent basis. This means that they only get paid if they are successful in winning the appeal of the client and receive back pay from the VA. The amount of backpay given can be different but it could be as high as 20 percent of the claimant's past-due benefits.
In rare cases an attorney or agent might choose to charge an hourly fee. However, this is not the norm for two reasons. These matters can take months or years to be resolved. The second reason is that most veterans and their families are unable to afford to pay on an hourly basis.
