Veterans Disability Case Tools To Improve Your Everyday Lifethe Only Veterans Disability Case Trick That Every Person Must Know

Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents his clients at VA Board of veterans disability attorneys Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims according to a lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The amount of monetary compensation per month provided to veterans suffering from service-related disabilities is based on their disability rating. This rating is based upon the severity of the injury or illness and veterans disability can range from 0% to 100% in increments of 10% (e.g., 20 percent, 30%, etc.). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, automobile allowances, as well as hospitalization allowances. These are in addition to basic disability compensation.

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credits to increase their earnings over the course of their lives for disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists several conditions that qualify a veteran to receive disability compensation. Certain of these conditions however, require an expert's opinion. A seasoned lawyer with experience can help a client obtain this opinion and provide the evidence required to prove the claim for disability benefits.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the benefits they're entitled to. We have handled thousands of disability cases and are well-versed in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a key part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I make a claim?

The first step is to look up the medical evidence supporting their disability. This includes X-rays or doctor's reports as well with any other documentation that is related to the veteran's condition. It is vital to provide these records to VA. 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 fill out an intent to file. This form lets the VA examine your claim even before you have the necessary information and medical records. This form also preserves the date of effective compensation benefits in the event you have a successful case.

The VA will schedule your exam once all of the information is received. The VA will set the date for the examination according to the number of disabilities and the type you are claiming. Attend this exam as missing it could delay the process of your claim.

After the examinations have been completed After the examinations are completed, the VA will examine the evidence and send you a decision packet. If the VA refuses to accept your claim, you have one year from the date of the letter to request a higher-level review.

A lawyer can be of assistance at this point. VA-accredited lawyers can now be involved in the appeals from the beginning, which is a huge benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be a source of frustration. The VA provides an appeals procedure for these decisions. The first step is to file a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your notice of disagreement, you must inform the VA the reasons you don't agree with their decision. You don't have to include all of the reasons, but you should mention all the points you disagree with.

You should also request your C-file, or claims file, so that you can determine the evidence that the VA used to reach their decision. Often times there are gaps or insufficient records. This can result in an error Veterans disability in the rating.

When you file your NOD you must choose whether you would like to have your case examined by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.

With a DRO review, you have the option of asking for a personal hearing before a senior rating specialist. The DRO will conduct the review of your claim on a "de novo" basis, which means that they do not give deference to the previous decision. This typically results in an entirely new Rating Decision. You may also opt to request that the BVA in Washington examine your claim. This is the most time lengthy appeals procedure and typically takes one to three years to receive a new decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee to help you appeal the VA decision on an appeal for disability. However, the law currently prohibits lawyers from charging fees for assistance in a claim. This is because the fee is dependent on the lawyer prevailing in your case, or getting your benefits increased through an appeal. Typically, these fees will be paid directly from any lump-sum payment you receive from the VA.

Veterans can look through the VA's database of attorneys accredited by the VA or claim agents to locate accredited representatives. These individuals have been approved by the Department of Veterans Affairs to represent veterans, service members and their dependents as well as survivors on a range of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on a contingency basis. This means that they will only be paid if they are successful in winning the appeal of the client and receive back payments from the VA. The amount of backpay awarded can vary, but it can be as high as 20 percent of a claimant's past-due benefits.

In rare cases lawyers or agents might decide to charge an hourly fee. This is not common due to two reasons. These issues can take months or years to resolve. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.