15 Interesting Facts About Veterans Disability Case That You Never Kne…

Veterans Disability Litigation

Ken assists seatac veterans disability law firm in navigating the system to help them obtain the disability compensation they deserve. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades by rejecting their disability claims in adisproportionate way according to the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is a VA disability?

The amount of monthly monetary compensation that veterans receive for service-related disabilities is determined on their disability rating. This rating is based on the severity of the illness or injury and can vary from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is tax-free and provides a basic income for disabled veterans and their family.

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

The Social Security Administration also gives franklin veterans disability law firm special credits that they can utilize to increase their lifetime earnings so that they can qualify for retirement or disability benefits. These extra credits are called "credit for service."

Many of the conditions that make veterans for disability compensation are listed in the Code of Federal Regulations. Certain of these conditions, however, require an expert's opinion. An experienced veteran lawyer can help a client obtain this opinion and present the evidence required to prove an application for disability compensation.

Sullivan & Kehoe has extensive experience representing veterans in appeals and claims for disability. We are dedicated to assisting our clients obtain the disability benefits they deserve. We have handled thousands of disabilities cases and are skilled in the complexity of VA law and procedure. Our firm was started by a disabled vet who made fighting for veterans rights a major part of his practice after successfully representing himself in a Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans must locate the medical evidence for their condition. This includes X-rays and doctor's reports, or other documents related to their medical condition. It is vital to provide these documents to the VA. If a veteran does not have these documents, the VA must be informed by the applicant (or their VSO).

The next step is a filing of an intention to file. This form allows the VA to review your claim before you have all the required information and medical records. This form also ensures the effective date of your compensation benefits in the event you have a successful case.

When all the information is submitted after all the information has been received, the VA will schedule an appointment for you. The VA will schedule the exam based on the severity of your disability and the type of disability you claim. Make sure you attend the exam, since if you miss it this could affect your claim.

The VA will send you a decision-making package when the examinations have been completed. If the VA refuses to accept your claim, you have a year from the date of the letter to request a higher-level review.

A lawyer can be of assistance at this point. VA-accredited attorneys 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?

Denial of disability benefits to veterans can be a source of frustration. Fortunately there is a way to appeal the decision. VA has an appeals procedure for these decisions. The first step is to send an Notice of Disagreement to the VA regional office which sent you the decision on Rating. In your notice of disagreement, you have to tell the VA the reason you don't like their decision. It is not necessary 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 to make their decision. Most of the time there are gaps or insufficient records. This can result in a mistake in the rating.

If you submit your NOD you must choose whether you prefer to have your situation reviewed by a Decision Review Officer or by the Board of Veterans Appeals. In general, you'll have a better chance of success when the DRO reviews your case, compared to when it's reviewed by BVA.

You can request a private hearing with an expert in senior ratings through an DRO review. The DRO will examine your claim "de de novo" this means they will not be influenced by the previous decision. This typically results in an entirely new Rating Decision. If you prefer, you may opt to have your claim reviewed by the BVA in Washington. This is the most lengthy appeals process and it can take up to three years before you receive an update on the decision.

What is the cost an attorney could charge?

A lawyer could charge a fee for helping you appeal a VA disability decision. The law currently does not allow lawyers to charge for initial assistance in a claim. This is because the fee is contingent on the lawyer winning your case, or receiving your benefits increased as a result of an appeal. Typically the fees will be paid directly out of any lump-sum payment you receive from the VA.

Veterans are able to search the 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, lebanon veterans disability lawsuit or dependents in a vast range of matters, including pension and disability compensation claims.

Most disability advocates for veterans work on a contingency basis. They only get paid when they win their client's appeal, and they receive back pay from VA. The amount of backpay that is paid can vary, but it can be as high as 20 percent of the claimant's past due benefits.

In rare instances, an agent or attorney may decide to charge an the hourly basis. However, this is uncommon for two reasons. These matters can take months or years to resolve. Second, most veterans and their families cannot afford to pay for these services on an hourly basis.