Why Veterans Disability Case Is Relevant 2023

Veterans Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by disproportionately rejecting their disability claims according to an action filed this week by Yale Law School’s Veterans Legal Services Clinic.

What is a VA disability?

The amount of monthly monetary compensation that veterans receive for service connected disabilities is based on their disability rating. The rating is based on the severity of the illness or injury and can be as low as 0% and up to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides basic income for the disabled veteran and their families.

VA provides additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization car allowances, and hospitalization allowances. These are in addition to the regular disability compensation.

The Social Security Administration also gives crestwood veterans disability Lawsuit special credits that they can use to boost their earnings over time to qualify for retirement or disability benefits. These extra credits are called “credit for service.”

Code of Federal Regulations lists several conditions that make a veteran eligible for disability compensation. Some of these conditions, however require an expert’s advice. An experienced veteran attorney can assist a customer in obtaining this opinion, and supply the evidence required to support the claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients receive the disability benefits they deserve. We have handled thousands of disability cases and are knowledgeable in the complexity of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans’ rights a priority in his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I file a claim?

First, veterans need to find the medical evidence that supports their disability. This includes X-rays and doctor’s reports as well any other documentation pertaining to the condition of the veteran. Providing these records to the VA is vital. If a veteran doesn’t have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form allows the VA to begin reviewing your claim, even before you have all the medical records you need. It also protects your date of eligibility for compensation benefits in the event that you win your case.

The VA will schedule your examination once all of the details have been received. It will depend on the number and type of disability you claim. Attend this exam as missing it could delay the processing of your claim.

Once the examinations are complete after which the VA will examine the evidence and give 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 more thorough review.

A lawyer can help you in this situation. VA-accredited lawyers are now involved in the appeals from the beginning which is an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of disability benefits for valley veterans disability lawsuit can be extremely frustrating. Fortunately there is a way to appeal the decision. VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice of Disagreement you must tell the VA the reasons you don’t agree with their decision. It is not necessary to list all the reasons, but you should mention everything you disagree with.

You must also request your C-file or claims file to determine what evidence the VA used to make their decision. Most of the time, there are missing or insufficient records. This could lead to a mistake in the rating.

If you submit your NOD you will need to decide if you prefer to have your situation considered by a Decision Review Officer or by the Board of Veterans Appeals. In general you’ll have a higher chance of success when the DRO examines your case rather than when it’s reviewed by the BVA.

You can request a private hearing with an expert in senior rating through the process of a DRO review. The DRO will conduct an investigation of your claim on an “de novo” basis, meaning they will not give deference to the previous decision. This usually results in the issue of a new london veterans disability lawyer Rating Decision. You may also decide to request that the BVA in Washington review your claim. This is the most lengthy appeals procedure and can take approximately three years to get an appeal to be heard.

How much can a lawyer charge?

A lawyer can charge a fee to assist you appeal an VA decision on a disability claim. The current law does not allow lawyers to charge fees for assistance with a claim in the beginning. The fee is only payable if the lawyer is successful in your case or increases your benefits through an appeal. Typically the fees are directly derived from any lump-sum payment you receive from the VA.

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

Most veterans’ disability advocates are paid on an ad-hoc basis. This means that they will only be paid if they are successful in winning the client’s appeal and are awarded back pay from the VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant’s past-due benefit amount.

In rare instances, an agent or lawyer could decide to charge an hourly fee. However, this is not the norm due to two reasons. These issues can take months or years to be resolved. The second reason is that many veterans and their families cannot afford an hourly rate.