7 Things You d Never Know About Veterans Disability Case
Veterans Disability Litigation
Ken assists veterans to obtain the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
The Department of yuma veterans disability lawyer Affairs discriminated against Black veterans for years by generally denying their disability claims according to an action filed this week by Yale Law School's st. marys veterans disability lawyer Legal Services Clinic.
What is what is VA disability?
The disability rating determines the amount of compensation per month paid to veterans with service-connected disabilities. This rating is based upon the severity of an injury or illness and can vary between 0% and 100% in increments of 10 percent (e.g. 20% 30, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.
The VA also offers other programs that offer additional compensation such as individual unemployment, car allowance, clothing allowance, and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to increase their disability or retirement benefits. These extra credits are called "credit for service."
A majority of the conditions that can qualify veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions however require an expert's advice. An experienced lawyer can assist a client in obtaining an opinion, and also provide the evidence needed to support the claim for disability compensation.
Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are dedicated to assisting our clients receive the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complicated nature of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself in a Board of Paragould Veterans disability lawyer Appeals Hearing and gaining the support of veterans, made the rights of veterans a priority for his practice.
How do I file a claim?
First, Troy Veterans Disability Attorney must find the medical evidence that supports their condition. This includes X-rays or doctor's reports 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 the filing of an intent to file. This is a form that permits the VA to review your claim before you have all the medical records required. This form also ensures the date of effective compensation benefits in the event that you have a successful case.
When all the data is in When all the information is submitted, the VA will schedule an appointment for you. The VA will schedule an exam based on the number of disabilities as well as the type you are claiming. Make sure that you take this exam, as in the event you fail to take it the exam could delay your claim.
The VA will send you a decision document after the examinations are completed. If the VA decides to deny the claim, you have a year to request a higher level review.
At this moment, a lawyer will help you. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is hugely beneficial to people seeking disability benefits.
How do I appeal a denial?
Denial of disability benefits to veterans is a frustrating experience. Fortunately, the VA has an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't need to list every reason but you should list everything you disagree with.
It's also important to request your C-file (claims file) so that you can view the evidence the VA used in making their decision. Often times, there are missing or incomplete records. This can result in a mistake in the rating.
When you file your NOD, you will need to decide if you prefer to have your situation considered by a Decision Review Officer or by the Board of napoleon veterans disability attorney Appeals. In general you'll have a greater chance of success when the DRO examines your case than when it's reviewed by BVA.
With a DRO review you have the option of asking for a personal hearing before an experienced senior rating specialist. The DRO will examine your claim "de de novo" which means that they will not rely on the previous decision. This typically results in the issue of a new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the most time lengthy appeals procedure and typically takes anywhere from one to three years to obtain a new decision.
What is the cost an attorney could charge?
A lawyer can charge a fee to assist you appeal a VA disability decision. However, current law prevents lawyers from charging for initial assistance when submitting a claim. The fee is only due if the lawyer wins your case or increases your benefits through an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.
Veterans can identify accredited representatives by using the VA's searchable database of accredited attorneys or claims representatives. These individuals have been certified by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors in a range of issues including pension and Paragould veterans disability Lawyer disability compensation claims.
Most disability advocates for veterans work on a contingency. They only get paid when they prevail in their client's appeal and they also receive back pay from VA. The amount of back pay that is awarded varies, but can be as high as 20 percent of the claimant's total benefits.
In rare instances an attorney or agent may choose to charge on per hour basis. This is not common due to two reasons. These issues can take months or even years to be resolved. The second reason is that most veterans and their families are unable to afford to pay on an hourly basis.
