Veterans Disability Case Tools To Make Your Daily Life Veterans Disability Case Trick Every Person Should Be Able To

Veterans Disability Litigation

Ken counsels military veterans to help them get the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of veterans disability attorneys Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way as per an action 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%, 30% etc). The compensation is tax-free, and provides a minimum income for disabled veterans and their families.

The VA also offers other programs that offer additional compensation, such as the individual unemployed, the automobile 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 credit to boost their disability or retirement benefits. These extra credits are called "credit for service."

A majority of the conditions that qualify an individual for disability compensation are included in the Code of Federal Regulations. However, some of these conditions require an expert's advice. A veteran lawyer with experience can assist a customer in obtaining an opinion, and also provide the evidence required to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are dedicated to ensuring that our clients get the disability benefits that they are entitled to. We have handled thousands of disability cases and are well-versed with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself at a Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights an important aspect of his work.

How do I make a claim?

The first step is to look up the medical evidence to prove their impairment. This includes X-rays and doctor's reports or any other documentation that relate to their health. Making these records available to the VA is very important. If a veteran doesn't have these documents and the VA must be informed by the claimant (or their VSO).

The next step is the filing of an intention to file. This form lets the VA review your claim even before you have all the required information and medical records. The form also keeps the date on which you will receive your compensation benefits if you are successful in your case.

When all the information is provided, the VA will schedule an appointment for you. This will depend on the quantity and type of disabilities you are claiming. In the event that you do not attend this exam, it could delay the process of your claim.

The VA will send you a decision-making package once the examinations have been completed. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.

A lawyer can assist you in this situation. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is a hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. Fortunately, the VA has an appeals process for these decisions. The first step is to submit an Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disparage, you have to tell the VA the reasons you don't agree with their decision. You don't need to list every reason, but you should list all the points you disagree with.

You must also request your C-file or claims file to see the evidence that the VA used to make their decision. There are often incomplete or missing data. In certain cases, this can lead to an error in the rating decision.

When you file your NOD you must decide whether you would like to have your case considered by a Decision Review Officer or by the Board of veterans disability law firm Appeals. In general, you'll have a better chance of success when you opt for a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert through an DRO review. The DRO will conduct an examination of your claim on an "de novo" basis, which means they do not give deference to the previous decision. This usually results in a totally new Rating Decision. If you prefer, you may opt to review your claim with the BVA in Washington. This is the most time taking appeals route and typically takes anywhere from one to three years for a new decision.

How much can a lawyer charge?

A lawyer can charge a fee for helping you appeal the VA decision on an appeal for disability. However, current law prevents lawyers from charging for initial assistance with a claim. This is due to the fact that the fee has to be contingent upon the lawyer winning your case or having your benefits increased through an appeal. These fees are usually paid out of any lump-sum payment you receive from the VA.

Veterans can identify accredited representatives by using the VA's searchable database for certified attorneys or claims agents. They have been vetted by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors on a range of issues including pension and disability compensation claims.

The majority of veterans' disability advocates are paid on a contingent basis. They only get paid when they are successful in defending their client's case, and they also receive back pay from VA. The amount of backpay that is given can be different however it could be as high as 20 percent of the claimant's past due benefits.

In rare cases an attorney or agent could decide to charge an hourly rate. This is not common for two reasons. First, these matters tend to be time-consuming and can go on for months or even years. Second, most veterans and their families can't afford to pay for these services on an hourly basis.