Why Veterans Disability Case Is Relevant 2023

Veterans Disability Litigation

Ken advises veterans of the military to help them get the disability compensation they are entitled to. Ken also represents his clients at VA Board of Veterans Appeals Hearings.

The Department of Veterans Affairs discriminated against Black veterans for a long time by generally denying their disability claims in a lawsuit filed this week by Yale Law School’s ankeny veterans disability lawyer Legal Services Clinic.

What is an VA disability?

The disability rating determines the amount of monthly compensation paid to veterans with service-related disabilities. The rating is based on the severity of an injury or illness and can vary between zero and 100% in increments of 10 percent (e.g. 20 percent 30, 30 percent, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.

VA provides additional compensation through other programs, for example individual unemployment allowances for clothing prestabilization and hospitalization car allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.

The Social Security Administration also gives dalhart veterans disability lawsuit a special credit they can use to boost their earnings over time to qualify for retirement or disability benefits. These credits are referred to as “credit for service.”

Many of the conditions that make veterans for disability compensation are mentioned in the Code of Federal Regulations. However, certain circumstances require an expert’s opinion. An experienced veteran lawyer can assist a client to obtain this opinion and provide the evidence needed to prove the claim for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are committed to helping our clients get the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complex nature of VA law and procedure. Our firm was created by a disabled veteran who made fighting for veterans rights a key part of his practice after he successfully represented himself at a Board of Veterans Appeals hearing.

How do I make a claim?

Veterans must first find the medical evidence of their disability. This includes X-rays and doctor’s reports, as well as any other documentation related to the condition of the veteran. Making these records available to the VA is crucial. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).

The next step is to submit an intent to file. This form permits the VA to review your claim, even before you have all the medical records that you require. It also preserves your effective date for receiving compensation if you win your case.

The VA will schedule your appointment when all information is received. The VA will schedule an examination in accordance with the number of disabilities and the type of disability you claim. Don’t miss this exam because it could delay the processing of your claim.

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

At this point, a lawyer can assist you. VA-accredited lawyers can now be involved in the appeals from the beginning which is a huge advantage for those seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans is a frustrating experience. The VA offers an appeals procedure for these decisions. The first step is to submit a Notice of Disagreement with the VA regional office that sent you the Rating Decision. In your Notice of Disagreement, you have to explain to the VA why you disagreed 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 a C-file, or claims file, to determine the evidence that the VA used to make their decision. There are often incomplete or missing data. In certain cases this could lead to an error in the rating decision.

After you have submitted your NOD, it will be asked if you would like your case to be reviewed by an Board of Veterans Appeals or a Decision Review officer. In general, you will have a greater chance of success with the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert through a DRO review. The DRO will conduct an examination of your claim on the basis of a “de novo” basis, which means they don’t give deference the previous decision. This typically results in a completely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the longest taking appeals route and typically takes anywhere from one to three years to receive a new decision.

How much can a lawyer charge?

A lawyer may charge a fee to help you appeal a VA decision on a disability claim. The law as it stands today does not allow lawyers to charge fees for initial assistance in a claim. This is because the fee must be dependent on the lawyer winning your case or having your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payments 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. They are vetted by the Department of Veterans Affairs and are able to represent veterans, service members or dependents in a wide range of matters including disability compensation claims and pension claims.

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

In rare instances attorneys or agents may decide to charge an per hour basis. This is uncommon due to two reasons. These issues can take months or years to be resolved. The second reason is that most veterans and their families cannot afford to pay on an hourly basis.