10 Veterans Disability Case-Friendly Habits To Be Healthy

Veterans Disability Litigation

Ken assists doral Veterans disability lawsuit in obtaining the disability benefits they are entitled to. He is also a lawyer for his clients at 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 Affairs discriminated for decades against Black veterans by disproportionately denying their disability claims.

What is an VA disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-connected disabilities. This rating is based on the severity of the illness or injury and can range from 0% up to 100% in increments of 10 percent (e.g., 20%, 30% etc). The compensation is free of tax and provides a minimum income to the disabled veteran and his family.

VA offers additional compensation through other programs, like individual unemployment allowances for clothing as well as prestabilization and hospitalization automobile allowances, and 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 extra credits to increase their lifetime earnings for retirement or disability benefits. These additional credits are referred to as “credit for service.”

Many of the conditions that qualify disabled veterans for disability benefits are described in the Code of Federal Regulations. However, some of these circumstances require an expert’s opinion. A veteran lawyer with experience can assist a client obtain this opinion, and provide the evidence required to prove the claim of disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to helping our clients receive the disability benefits that they deserve. We have handled thousands of disability cases and are familiar with the complexities of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who after securing his own representation in an appeals hearing before the Board of lakeland veterans disability lawyer Appeals Hearing and making veterans’ rights an integral part of his practice.

How do I make a claim?

The first step is to locate the medical evidence to prove their disability. This includes X-rays and doctor’s notes or other evidence relevant to their condition. It is crucial to provide these records to VA. If a veteran does not have these documents then the VA should be notified by the claimant (or their VSO).

The next step is to make an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. The form also keeps the date on which you will receive your compensation benefits if you succeed in your claim.

Once all the information is provided, the VA will schedule an examination for you. This will depend on the amount and type of disability you claim. Don’t miss this exam because it could delay the process of submitting your claim.

Once the tests are complete After the examinations are completed, the VA will examine the evidence and send you a decision-making 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 assist you at this point. VA-accredited lawyers are now involved in the appeals from the beginning, which is a huge benefit for those who are seeking disability benefits.

How do I appeal a denial?

The denial of benefits for disability suffered by veterans is a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit an Notice of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice of Disagreement you should state to the VA why you disagreed with their decision. You don’t have to give every reason, but you must state all the issues that you disagree with.

It’s also important to request your C-file (claims file) to see the evidence the VA used to make their decision. Sometimes there are missing or insufficient records. In certain cases this could result in an error in the rating decision.

When you file your NOD, you’ll be asked to choose whether you want your case reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you will have a higher chance of success when you opt for a DRO review than with the BVA.

When you request a DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will review your claim “de novo” which means they will not accept the previous decision. This typically results in a new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the longest demanding appeals process and usually takes one to three years to receive a new decision.

How much can an attorney charge?

Lawyers may charge a fee for assisting you appeal an VA disability decision. The law currently does not permit lawyers to charge 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 the lump-sum payments that you receive from the VA.

Veterans can search the VA’s database of attorneys accredited by the VA or claim agents to locate accredited representatives. These representatives are accredited by the Department of Veterans Affairs and can represent veterans, service members or dependents in a vast spectrum of cases such as pension claims, disability compensation and claims.

Most disability advocates for veterans are paid on a contingent basis. They only get paid when they are successful in defending their client’s case, and also receive back pay from VA. The amount of backpay that is awarded can vary but can be as high as 20 percent of a claimant’s past-due benefits.

In rare instances an attorney or agent could decide to charge an hourly rate. This is uncommon due to two reasons. First, these issues are usually time-consuming and can drag on for months or even years. Additionally, many veterans and their families can’t afford to pay an hourly fee.