What Veterans Disability Case Experts Want You To Learn

Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. Ken 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 denial of their disability claims.

What is a VA Disability?

The amount of monetary compensation per month given to veterans with service-related disabilities is based on their disability rating. This rating is determined by the severity of an illness or injury and can range from 0% and 100% in increments of 10% (e.g. 20 percent 30, 30%, etc.). The compensation is tax-free and provides basic income for the disabled veteran and their family.

VA offers additional compensation through other programs, for example individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, as well as hospitalization allowances. These are in addition to the standard disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military galveston veterans disability lawsuit special credit to boost their earnings over the course of their lives for disability or retirement benefits. These extra credits are known as “credit for service.”

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. However, a few of these conditions require an expert’s opinion. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to support a claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients receive the disability benefits they deserve. We have handled thousands of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was founded in 1996 by a disabled vet who after having successfully represented himself in a Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans the top priority in his practice.

How do I make a claim?

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

The next step is to fill out an intent to file. This form allows the VA to review your claim, even before you have all the medical records required. This form also preserves the date on which you will receive your compensation benefits in the event you are successful in your case.

Once all the information is submitted When all the information is submitted, the VA will schedule an examination for you. The VA will schedule an examination depending on the amount of disabilities you have and the type you are claiming. If you fail to attend this test, it could delay the process of submitting your claim.

After the examinations are completed after which the VA will examine the evidence and send you a decision packet. If the VA refuses to accept your claim, you have a year from the date of the letter to request a more thorough review.

A lawyer can be of assistance in this situation. Accredited lawyers from VA can now get involved in the appeals process right from the beginning, which is a hugely beneficial to those who seek disability benefits.

How do I appeal a denial?

The denial of disability benefits for veterans is a frustrating experience. Fortunately the VA has an appeals process for these decisions. The first step is to submit a Notice Of Disagreement to the VA regional office that sent you the Rating decision. In your Notice Of Disagreement, you must explain to the VA the reasons why you did not agree with their decision. You don’t have to give every reason, but you should list all the points you disagree with.

It’s also crucial to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. Sometimes there are gaps or incomplete records. In some cases this could lead to an error in the rating decision.

When you submit your NOD you must choose whether you would like to have your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you will have a better chance of success when you opt for a DRO review than with the BVA.

With an DRO review, you have the option of asking for an individual hearing before an experienced senior rating specialist. The DRO will conduct an examination of your claim on a “de novo” basis, meaning they do not give deference to the previous decision. This usually results in a totally new Rating Decision. You can also choose to have your claim reviewed by the BVA in Washington. This is the most time consuming appeals path and typically can take between one and three years for a new decision.

What is the average cost a lawyer can charge?

A lawyer could charge a fee for assisting you appeal a VA disability decision. The current law does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee must be dependent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees are paid directly from the lump-sum payments that you receive from the VA.

Veterans can use 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 broad range of matters such as pension claims and disability compensation claims.

The majority of wapakoneta veterans disability law firm‘ disability advocates are paid on an hourly basis. They only receive compensation when they are successful in defending their client’s case, and also receive back pay from VA. The amount of backpay that is paid can vary but can be as high as 20 percent of the claimant’s past due benefits.

In rare instances an attorney or agent may choose to charge on the basis of an hourly rate. This is uncommon due to two reasons. These matters can take months or even years to resolve. In addition, many veterans and their families can’t afford an hourly fee.