What Is Veterans Disability Case And How To Utilize It
Veterans Disability Litigation
Ken advises veterans of the military to help them obtain the disability benefits they deserve. He also represents his clients in VA Board of veterans disability case Appeals Hearings.
The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.
What is a VA disability?
The disability rating determines the amount of monthly payments to veterans who have service-related disabilities. The rating is determined by the severity of the injury or illness and can range from 0% to 100% in increments of 10% (e.g. 20%, 20 percent, 30%, Veterans Disability Litigation etc.). The compensation is free of tax and provides a basic amount of income to the disabled veteran and his family.
VA offers additional compensation through other programs, like individual unemployment allowances for clothing prestabilization and hospitalization, car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their lifetime earnings to be eligible for disability or retirement benefits. These additional credits are referred to as "credit for service."
A majority of the conditions that make veterans for disability compensation are mentioned in the Code of Federal Regulations. However, a few of these circumstances require an expert's opinion. An experienced veteran lawyer can assist a client in obtaining this opinion and present the evidence required to support a claim for disability compensation.
Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients obtain the disability benefits that they are entitled to. We have handled hundreds of disability cases and are proficient in the complicated nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans disability lawsuit' rights a priority in his practice after successfully representing himself at an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first gather the medical evidence to prove their impairment. This includes X-rays, doctor's reports or other documentation regarding their medical condition. It is essential to submit these documents to the VA. If a veteran doesn't have these documents, the VA must be informed by the claimant (or Veterans Disability Litigation their VSO).
The next step is the filing of an intention to file. This is a form that allows the VA to begin reviewing your claim even before you have all the information and medical records that you require. The form also keeps the date you can start receiving your compensation benefits in case you win your case.
The VA will schedule your examination after all the required information is received. This will depend on the number and type of disability you claim. Make sure that you take this exam, as if you miss it this could affect your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept your claim, you have one year from the date of the letter to request a more thorough review.
A lawyer can help you in this situation. VA-accredited lawyers are now involved in the appeals right from the beginning, which is an enormous benefit for those who are seeking disability benefits.
How do I appeal a denial?
The denial of veterans disability attorney' disability benefits can be a source of frustration. Fortunately the VA has an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement you must tell the VA the reason you don't like their decision. You don't need to list every reason but you should include everything you disagree with.
It's also crucial to request your C-file (claims file) so that you can view the evidence that the VA used to make their decision. In many cases there are missing or incomplete records. In some cases, this can lead to an error in the rating decision.
If you submit your NOD you must decide whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.
In the event of an 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 be influenced by the previous decision. This typically results in a new Rating Decision. You may also opt to have the BVA in Washington examine your claim. This is the most time consuming appeals path and typically takes anywhere from one to three years to receive a new decision.
How much can a lawyer charge?
A lawyer can charge a fee to assist appeal a VA decision on an appeal for disability. However, current law prevents lawyers from charging for initial assistance in a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits by filing an appeal. Typically, these fees will be paid directly out of any lump-sum payments you get from the VA.
Veterans can use the VA's database of attorneys who are accredited or claim agents to find accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents or survivors in a variety of matters including disability compensation and pension claims.
Most disability advocates for veterans are paid on an ad-hoc basis. This means that they are only paid if they prevail in the client's appeal and receive back payment from the VA. The amount of backpay that is granted can differ, but it can be as high as 20 percent of a claimant's past-due benefits.
In rare cases an attorney or agent may choose to charge an hourly fee. This is not common due to two reasons. First, these cases tend to be time-consuming and can go on for months or even years. Second, most veterans and their families cannot afford to pay on an hourly basis.
