15 Amazing Facts About Veterans Disability Case You ve Never Known

Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they are entitled to. Ken also represents clients in VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for years by generally denying their disability claims in an action filed this week by Yale Law School's Veterans Legal Services Clinic.

What is an VA Disability?

The disability rating determines the amount of monthly compensation that is paid to veterans who have service-connected disabilities. This rating is based on the severity of the injury or illness and can range from 0% to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is tax-free and provides basic income for disabled veterans and their family.

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

In addition to these benefit programs In addition to these benefit programs, the Social Security Administration gives military veterans extra credits to increase their earnings over the course of their lives for disability or retirement benefits. These credits are also referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that allow veterans to be eligible for disability compensation. However, some of these conditions require an expert's opinion. A seasoned lawyer with experience can assist clients in obtaining this opinion and provide the proof needed to prove the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled thousands of disability cases and we are well-versed with the intricacies of VA laws and procedures. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at a Board of Veterans Appeals Hearing and making veterans' rights the top priority in his practice.

How do I make a claim?

Veterans must first locate the medical evidence of their impairment. This includes Xrays or doctor's notes, as well as any other documentation related to the condition of the veteran. It is crucial to provide these records to VA. If a veteran doesn't 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 review your claim even before you have the needed information and medical records. It also protects your effective date for receiving compensation should you prevail in your case.

When all the data is provided When all the information is submitted, the VA will schedule an exam for you. This will depend on the type and number of disability you claim. Attend this exam as missing it could delay the process of submitting your claim.

The VA will send you a decision-making package after the examinations are completed. If the VA refuses to accept the claim you'll have a year to request a more thorough review.

At this moment, a lawyer will help you. 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 seek disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be a source of frustration. The VA has an appeals process to appeal these decisions. The first step is submitting the Notice of Disagreement to the VA regional office that sent you the decision on Rating. In your notice of disagreement, you should tell the VA why you disagree with their decision. You don't have to list every reason, but you must mention all the aspects you don't agree with.

It is also essential to request your C-file (claims file) so that you can review the evidence the VA used in making their decision. Often times there are missing or incomplete records. This can lead to a mistake in the rating.

When you submit your NOD, it will be asked if you want your case reviewed either by an Board of Veterans Appeals or a Decision Review officer. In general you'll have a greater chance of success if the DRO reviews your case, compared to if it's viewed by the BVA.

When you request an DRO review, you can request a personal hearing before an experienced senior rating specialist. The DRO will review your claim "de de novo" which means they will not be influenced by the previous decision. This usually will result in a brand new Rating Decision. Alternately, you can opt to have your claim reviewed by the BVA in Washington. This is the time demanding appeals process and usually takes anywhere from one to three years to obtain a new decision.

What is the average cost a lawyer can charge?

Lawyers can charge a fee for helping appeal an VA decision regarding a disability claim. But, current law prohibits lawyers from charging fees to assist in the case. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans can use the VA's database of lawyers accredited to practice or claim agents to locate accredited representatives. These individuals have been certified by the Department of veterans disability attorneys Affairs to represent veterans disability lawyer, service members, dependents, or survivors in a variety of issues such as disability compensation and pension claims.

Most veterans' disability advocates are paid on a contingency basis. This means that they will only be paid if they win the appeal of the client and get back payment from the VA. The amount of back pay paid varies, but may be as much as 20 percent of the claimant's total benefit amount.

In rare instances lawyers or agents might decide to charge an hourly fee. This is rare for two reasons. These matters can take a long time to be resolved. Additionally, many veterans and their families can't afford an hourly rate.