5 Veterans Disability Case Instructions From The Pros

west bend veterans disability Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability benefits they deserve. He also represents clients at VA Board of graham veterans disability Appeals hearings.

According to a lawsuit filed by the Yale Law School jackson veterans disability Legal Services Clinic this week the Department of Veterans Affairs discriminated for decades against Black patterson veterans disability (click here to visit vimeo.com for free) by discriminating against their disability claims.

What is an VA disability?

The amount of monthly monetary compensation given to veterans with service-related disabilities is determined on their disability rating. This rating is determined by the severity of an illness or injury and may range between 0% and 100% in increments of 10 percent (e.g. 20%, 30 percent, etc.). The compensation is exempt from tax and provides a basic 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 benefits are in addition to basic disability compensation.

In addition to these benefit programs, In addition to these benefit programs, the Social Security Administration gives military veterans special credit to boost their retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that qualify a veteran to receive disability compensation. Some of these conditions, however require an expert's advice. An experienced lawyer can assist a client in obtaining this opinion, and supply the evidence required to support a claim of disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to helping our clients obtain the disability benefits that they are entitled to. We have handled a variety of disability cases and are conversant with the intricacies of VA regulations and laws. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after successfully representing himself in an appeal to the Board of mount vernon veterans disability Appeals hearing.

How do I make a claim?

The first step is to locate the medical evidence to prove their condition. This could include X-rays, doctor's notes, as well with any other documentation that is related to the veteran's condition. Making these records available to the VA is very important. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is a filing of an intent to file. This form allows the VA to review your claim, even before you have all the medical records you require. This form also protects the date you can start receiving your compensation benefits in the event that you are successful in your case.

The VA will schedule your exam after all the required details have been received. This will be dependent on the number and type of disability you claim. In the event that you do not attend this exam, it could delay the process of your claim.

After the examinations are completed after which the VA will review the evidence and send you a decision packet. If the VA denies your claim you have a year from the date of the letter to request a higher-level review.

At this stage, a lawyer is able to help you. Attorneys accredited by VA can be involved in the appeals process from the beginning, which is hugely beneficial to those seeking disability benefits.

How do I appeal a denial?

The denial of veterans' disability benefits can be frustrating. Thankfully that the VA has an appeals process for these decisions. The first step is to send a Notice Of Disagreement to the VA regional office who sent you the decision on Rating. In your Notice Of Disagreement, you have to explain to the VA why you disagreed with their decision. You don't have to list every reason, but you must list all the points you don't agree with.

You must also request a C-file, or claims file, link web site to determine the evidence that the VA used to arrive at their decision. In many cases there are gaps or incomplete records. In certain cases it could lead to an error in the rating decision.

When you submit your NOD you will need to decide if you want to have your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general, you will have a higher chance of success with the DRO review DRO review than with the BVA.

You can request a personal hearing with a senior rating expert via a DRO review. The DRO will conduct an investigation of your claim on an "de de novo" basis, meaning they don't give deference the previous decision. This usually results in a totally new Rating Decision. Alternatively, you can choose to review your claim with the BVA in Washington. This is the time consuming appeals path and typically takes anywhere from one to three years to get an updated decision.

How much can a lawyer charge?

A lawyer may charge a fee for helping you appeal an VA disability decision. The law currently does not permit 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 getting your benefits increased through an appeal. Typically these fees are directly derived from any lump-sum payment you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database for accredited attorneys or claims agents. They are vetted by the Department of stanton veterans disability Affairs and are able to represent service members, veterans or dependents in a wide range of issues that include pension and disability compensation claims.

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

In rare instances an attorney or agent might decide to charge an hourly rate. This is not common for two reasons. First, these situations are usually time-consuming and can take months or even years. Second, many veterans and their families are unable to afford an hourly rate.