The Best Veterans Disability Case Strategies To Transform Your Life
Veterans Disability Litigation
Ken counsels military veterans to assist them in getting the disability compensation they deserve. Ken also represents clients in VA Board of veterans disability lawyers Appeals hearings.
The Department of Veterans Affairs discriminated against Black veterans for decades by generally denying their disability claims as per a lawsuit filed last week by Yale Law School's Veterans Legal Services Clinic.
What is what is VA Disability?
The amount of monthly monetary compensation provided to veterans disability case suffering from service-related disabilities is based on their disability rating. This rating is determined by the severity of an illness or injury, and can range between zero and 100% in increments of 10 percent (e.g. 20% 30%, 20%, etc.). The compensation is tax-free and provides basic income to the disabled veteran and Veterans Disability Litigation their family.
VA provides additional compensation through other programs, like individual unemployment, clothing allowances, hospitalization and prestabilization, automobile allowances, and hospitalization allowances. These benefits are in addition to the basic disability compensation.
In addition to these benefit programs the Social Security Administration gives military veterans special credits to increase their disability or retirement benefits. These extra credits are called "credit for service."
Code of Federal Regulations lists a variety of conditions that qualify a veteran to receive disability compensation. Some of these conditions, however, require an expert's opinion. An experienced veteran attorney can assist a customer in obtaining this opinion and provide the evidence required to support the claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in disability claims and appeals. We are committed to ensuring that our clients receive the disability benefits that they are entitled to. We have handled a variety of disability cases and are conversant with the intricacies of VA laws and procedures. Our firm was founded by a disabled veteran who made fighting for veterans' rights a major part of his practice after he successfully represented himself in an appeal to the Board of Veterans Appeals hearing.
How do I make a claim?
Veterans must first find the medical evidence of their disability. This includes any X-rays, doctor's reports or other documentation that relate to their condition. It is important to provide these records to VA. If a veteran doesn't have these documents then the VA must be informed by the claimant (or their VSO).
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 information and medical records you need. This form also ensures the effective date of your compensation benefits in the event that you have a successful case.
The VA will schedule your medical exam once all of the information has been received. This will depend on the quantity and type of disability you claim. Attend this exam as missing it could delay the process of your claim.
The VA will send you a decision-making package once the examinations have been completed. If the VA refuses to accept the claim you have a year to request a more extensive review.
A lawyer can help at this point. Lawyers who are accredited by the VA can now be involved in the appeals process right from the beginning, which is a hugely beneficial to those who are seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability lawyers disability benefits can be a difficult experience. The VA has an appeals process to appeal these decisions. The first step is submitting a Notice Of Disagreement to the VA regional office which sent you the decision on Rating. In your Notice of Disagreement you should tell the VA why you are not happy with their decision. You don't have to include all the reasons but you should include everything you disagree with.
It is also essential to request your C-file (claims file) so you can see the evidence the VA used to make their decision. In many cases, there are missing or insufficient records. This could lead to an error in the rating.
If you submit your NOD you must choose whether you would like your case reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general you'll have a greater 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 a senior rating expert through an DRO review. The DRO will conduct a review of your claim on a "de de novo" basis, which means that they don't give deference the previous decision. This typically will result in a brand new Rating Decision. Alternatively, you can choose to have your claim reviewed by the BVA in Washington. This is the longest demanding appeals process and usually takes anywhere from one to three years to obtain a new decision.
What is the average amount an attorney can charge?
Lawyers may charge a fee to assist you appeal a VA disability decision. However, current law prevents lawyers from charging for assistance with a claim. This is due to the fact that the fee must be dependent on the lawyer prevailing in your case, or getting your benefits increased by an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.
Veterans can look through the VA's database of lawyers accredited to practice or claim agents to find accredited representatives. These people are accredited by the Department of Veterans Affairs and are able to represent service members, veterans disability claim or dependents in a vast range of issues, including pension and disability compensation claims.
Most veterans' disability advocates work on a contingency. They only get paid when they succeed in winning their client's appeal and they also receive back pay from VA. The amount of back pay awarded varies, but can be as much as 20 percent of the claimant's total past-due benefit amount.
In rare cases, an agent or attorney may decide to charge on an the hourly basis. This is uncommon due to two reasons. These issues can take months or years to be resolved. Second, many veterans disability legal and their families cannot afford to pay an hourly fee.
