10 Veterans Disability Case Tricks All Pros Recommend

Veterans Disability Litigation

Ken assists veterans to get the disability benefits they deserve. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by rejecting their disability claims in adisproportionate way, according to a lawsuit filed last week by Yale Law School’s Veterans Legal Services Clinic.

What is what is VA disability?

The disability rating determines the amount of compensation per month paid to veterans with service-related disabilities. The rating is based on the severity of the illness or injury and can be as low as 0% and up to 100 percent in increments of 10% (e.g., 20%, 30% etc). The amount is devoid of tax and provides a basic source of income to the disabled veteran and his family.

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

Code of Federal Regulations lists numerous conditions that allow midland veterans disability attorney to be eligible for disability compensation. Certain of these conditions, however require an expert’s opinion. An experienced veteran lawyer can assist a client to obtain this opinion and present the evidence required to prove a claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are dedicated to helping our clients obtain the disability benefits they are entitled to. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was established in 1996 by a disabled veteran who, after successfully representing himself in an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans’ rights an integral part of his practice.

How do I submit a claim?

First, veterans need to locate the medical evidence supporting their condition. This includes Xrays or doctor’s notes, as well any other documentation pertaining to the veteran’s condition. It is important to provide these documents to the VA. If a veteran doesn’t have these documents and the VA must be informed by the claimant (or their VSO).

The next step is a filing of an intent to file. This form lets the VA to review your claim before you have the necessary information and medical records. It also ensures that you have an effective date for Vimeo.Com receiving compensation in the event that you win your case.

The VA will schedule your medical exam after all the information is received. This will depend on the amount and type of disabilities you are claiming. Make sure you take this test, because in the event you fail to take it and fail to take it, it could hinder your claim.

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

At this moment, a lawyer will assist you. VA-accredited lawyers can now be involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans can be extremely frustrating. The VA provides an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement, you should explain to the VA why you were dissatisfied with their decision. It is not necessary to list every reason, but you should list all the points you disagree with.

You should also request your C-file, or claims file, to determine what evidence the VA used to make their decision. There are usually incomplete or missing data. This can result in a mistake in the rating.

If you file your NOD, you’ll be asked to select whether you want your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you’ll have a better chance of success with a DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will review your claim “de novo” this means they will not accept the previous decision. This typically results in an entirely new Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the time taking appeals route and typically takes one to three years to receive a new decision.

What is the average cost a lawyer can charge?

A lawyer may charge a fee to assist you appeal an VA decision regarding a disability claim. However, current law prevents lawyers from charging fees to assist with a claim. This is due to the fact that the fee has to be dependent on the lawyer winning your case or receiving your benefits increased as a result of an appeal. The fees are typically paid directly from any lump-sum payment you receive from the VA.

muskego veterans disability attorney may be able to locate accredited representatives using the VA’s searchable database for accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a range of issues including disability compensation and pension claims.

Most veterans’ disability advocates are paid on the basis of a contingent. This means that they only get paid if they win the appeal of the client and receive back payments from the VA. The amount of backpay given can be different, but it can be as high as 20 percent of a claimant’s past-due benefits.

In rare instances, an agent or lawyer might decide to charge an hourly rate. This is not common due to two reasons. These matters can take months or even years to resolve. In addition, many veterans and their families can’t afford to pay an hourly rate.