Speak “Yes” To These 5 Veterans Disability Case Tips

Veterans Disability Litigation

Ken advises veterans of the military to assist them in obtaining the disability benefits they deserve. Ken also represents clients in VA Board of Veterans Appeals hearings.

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

What is a VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans with service-connected disabilities. This rating is based upon the severity of an injury or illness and can vary between zero and 100% in increments of 10% (e.g. 20% 30, 30%, etc.). The compensation is not subject to tax and provides a basic amount of income to the disabled veteran and his family.

The VA also offers other programs that offer additional compensation like individual unemployability, automobile allowance, clothing allowance and prestabilization and hospitalization benefits. These are in addition to the standard disability compensation.

The Social Security Administration also gives Hillside veterans disability law Firm special credit that they can utilize to increase their earnings over time to qualify for retirement or disability benefits. These credits are also referred to as “credit for service.”

Many of the conditions that make disabled veterans for disability benefits are included in the Code of Federal Regulations. Some of these conditions, however require the opinion of an expert. An experienced lawyer can assist a client in obtaining this opinion and provide the evidence needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing veterans with disabilities claims and appeals. We are committed to helping our clients receive the benefits they’re entitled to. We have handled hundreds of disability cases and are knowledgeable in the complexities of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a top priority in his practice after successfully representing himself at a Board of Veterans Appeals hearing.

How do I submit a claim?

First, veterans need to track down the medical evidence to prove their disability. This includes X-rays, doctor’s reports or other documentation related to their health. It is vital to provide these documents to the VA. 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 lets the VA to review your claim before you have the proper information and medical records. This form also protects the date you can start receiving your compensation benefits in case you have a successful case.

The VA will schedule your appointment after all the required information is received. The VA will schedule the exam depending on the number of disabilities and the type you claim. If you fail to attend this test, it could delay the process of submitting your claim.

Once the examinations are complete after which the VA will examine the evidence and give you a decision package. If the VA rejects the claim, you will have one year to request a more extensive review.

At this moment, a lawyer could assist you. Lawyers who are accredited by the VA can now be involved in the appeals process from the beginning, which is an enormous benefit for people seeking disability benefits.

How do I appeal a denial?

A refusal of veterans disability benefits can be a difficult experience. The VA provides an appeals procedure for these decisions. The first step is to make a Notice of Disagreement with the VA regional office which sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA the reasons why you did not agree with their decision. It is not necessary to list every reason, but you must state all the issues that you don’t agree with.

It’s also crucial to request your C-file (claims file) to see the evidence the VA used to make their decision. There are usually documents that are not complete or have been deleted. This can sometimes lead to a mistake in the rating.

When you submit your NOD, you will be asked to decide if you would like your case reviewed by the Board of Veterans Appeals or a Decision Review officer. Generally speaking, you’ll have a better chance of success when you opt for the DRO review DRO review than with the BVA.

You can request a private hearing with a senior rating expert via an DRO review. The DRO will conduct a review of your claim on the basis of a “de de novo” basis, which means they don’t give deference the previous decision. This usually results in a totally new Rating Decision. You can also request that the BVA in Washington review your claim. This is the longest appeals process and can take up to three years for an update on the decision.

How much does a lawyer charge?

A lawyer could charge a fee to help you appeal an VA disability decision. The current law does not allow lawyers to charge for assistance with a claim in the beginning. The fee is only due if the lawyer is successful in your case or increases your benefits by filing an appeal. Typically, these fees will be paid directly from any lump-sum payment you receive from the VA.

Veterans may be able to find accredited representatives through the VA’s searchable database for accredited attorneys or claims agents. These people have been accredited by the Department of Veterans Affairs to represent service members, griffin veterans disability law firm, dependents, or survivors in a range of issues including pension and disability compensation claims.

The majority of veterans’ disability advocates are paid on a contingent basis. This means that they will only be paid if they succeed in winning the appeal of the client and get back pay from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant’s total benefit.

In rare cases lawyers or agents might decide to charge an hourly fee. This is not common for two reasons. First, these situations can be time-consuming and can go on for months or even years. In addition, many veterans and their families are unable to afford to pay an hourly fee.