How To Choose The Right Veterans Disability Case Online
Veterans Disability Litigation
Ken advises veterans of the military to assist them in getting the disability compensation they are entitled to. Ken also represents clients in 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 disability attorney; similar website, Affairs discriminated for decades against Black veterans disability lawsuit by disproportionately denying their disability claims.
What is an VA Disability?
The disability rating determines the amount of compensation per month paid to veterans who have disabilities that are related to service. This rating is determined by the severity of the injury or illness and can range from 0% and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is free of tax and Veterans Disability Attorney provides a basic income to the disabled veteran and his family.
VA provides additional compensation through other programs, including individual unemployment, clothing allowances as well as prestabilization and hospitalization automobile allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.
The Social Security Administration also gives veterans special credits that they can utilize to increase their lifetime earnings so that they can be eligible for disability or retirement benefits. These additional credits are known as "credit for service."
A majority of the conditions that qualify a veteran for disability compensation are mentioned in the Code of Federal Regulations. However, some of these conditions require an expert's advice. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the evidence needed to prove a claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to ensuring that our clients get the disability benefits they deserve. We have handled hundreds of disability cases and are knowledgeable in the complicated nature of VA law and procedure. Our firm was established by a disabled veteran who made fighting for veterans disability lawyer rights a major part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.
How do I file a claim?
First, veterans must locate the medical evidence supporting their disability. This could include X-rays, doctor's reports as well in any other documentation related to the condition of the veteran. The submission of these records to the VA is very important. If a veteran doesn't have these documents, they must 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 the proper information and medical records. It also preserves your date of eligibility for compensation benefits when you win your case.
When all the information is submitted after all the information has been received, the VA will schedule an examination for you. The VA will schedule an exam according to the number of disabilities and the type you are claiming. Attend this exam as missing it could delay the processing of your claim.
The VA will send you a decision package after the examinations are completed. If the VA decides to deny the claim, you'll have one year to request a more extensive review.
A lawyer can help in this situation. Attorneys accredited by VA can be involved in the appeals process right from the beginning, which is an enormous benefit to those who are seeking disability benefits.
How do I appeal a denial?
A refusal of veterans disability benefits can be a gruelling experience. Fortunately the VA has an appeals process for these decisions. The first step is to file a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice of Disagreement, you should tell the VA why you disagree with their decision. You don't need to list all the reasons however, you must mention all the points you disagree with.
You should also request your C file, or claims file, to see what evidence the VA used to make their decision. Sometimes there are no or incomplete records. In some cases it could lead to an error in the rating decision.
When you submit your NOD you must decide whether you prefer to have your situation considered by a Decision Review Officer or by the Board of veterans disability legal Appeals. In general, you'll have a better chance of success with a DRO review than with the BVA.
You can request a private hearing with an expert in senior rating through a DRO review. The DRO will examine your claim "de novo" which means they will not be influenced by the previous decision. This typically results in a new Rating Decision. You can also choose to review your claim with the BVA in Washington. This is the longest taking appeals route and typically takes one to three years to receive an updated decision.
How much can a lawyer charge?
Lawyers can charge a fee for helping appeal a VA decision on the basis of disability. The law currently does not allow lawyers to charge for initial assistance in a claim. This is because the fee is contingent upon the lawyer winning your case or getting your benefits increased by an appeal. Typically these fees are directly derived from any lump-sum payment you receive from the VA.
veterans disability lawyers can search the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. They are vetted by the Department of Veterans Affairs and can represent veterans, service members or their dependents in a wide spectrum of cases including pension claims, disability compensation and claims.
Most disability advocates for veterans disability law are paid on an ad-hoc basis. This means that they will only be paid if they win the client's appeal and receive back pay from the VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total benefit award.
In rare instances an attorney or agent might choose to charge an hourly fee. This isn't often the case due to two reasons. These matters could take months or even years to resolve. In addition, the majority of veterans and their families can't afford to pay for these services on an hourly basis.
