It's The Complete Guide To Veterans Disability Case

Veterans Disability Litigation

Ken assists terre haute Veterans disability lawyer to get 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 decades by disproportionately rejecting their disability claims in the lawsuit filed this week by Yale Law School's Veterans Legal Services Clinic.

What is what is VA disability?

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

The VA also offers other programs that offer additional compensation like the individual unemployed, the automobile allowance, clothing allowance and hospitalization and prestabilization benefits. These benefits are in addition to the basic disability compensation.

In addition to these benefit programs, in addition, the Social Security Administration gives military veterans special credits to boost their lifetime earnings for disability or retirement benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which allow veterans to be eligible for disability compensation. Certain of these conditions, however, require an expert's opinion. A seasoned veteran attorney can assist a client in obtaining an opinion, and also provide the necessary evidence to support an claim for disability compensation.

Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients get the benefits they're entitled to. We have handled hundreds of disability cases and are proficient in the complexities of VA law and procedure. Our firm was founded by a disabled veteran who made fighting for veterans rights a key part of his practice after successfully representing himself in an appeal to the Board of Veterans Appeals hearing.

How do I submit a claim?

Veterans need to first collect the medical evidence supporting their impairment. This includes X-rays and doctor's reports, as well any other documentation pertaining to the veteran's condition. Making these records available to the VA is essential. 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 submit an intent to file. This form lets the VA examine your claim even before you have the proper information and medical records. It also keeps your effective date for receiving compensation should you prevail in your case.

The VA will schedule your exam when all information is received. This will depend on the number and type of disabilities you are claiming. If you fail to attend this test, it could delay the process of your claim.

After the examinations are completed, after the examinations are completed, VA will review the evidence and send you a confirmation packet. If the VA denies the claim, you'll have a year to request a higher level review.

At this stage, a lawyer is able to help you. VA-accredited attorneys can now get involved in the appeals process right from the beginning, which is an enormous benefit for those who are seeking disability benefits.

How do I appeal a denial?

A denial of veterans disability benefits can be a difficult experience. Thankfully, the VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office, which has sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you disagreed with their decision. You don't need to list every reason, but you should be clear about the issues you disagree with.

You must also request your C-file, or claims file, to see the evidence that the VA used to make their decision. There are usually insufficient or missing records. This can result in an error in the rating.

When you file your NOD, you must decide whether you would like your case considered by a Decision Review Officer or by the Board of grosse pointe farms veterans disability attorney Appeals. Generally speaking, you will have a greater chance of success when you opt for a DRO review than with the BVA.

In the event of the DRO review, you have the option of asking for an individual hearing with a senior rating specialist. The DRO will review your claim "de novo" which means they will not be influenced by the previous decision. This usually will result in a brand new Rating Decision. You can also request that the BVA in Washington review your claim. This is the time demanding appeals process and usually takes one to three years to obtain a new decision.

How much can a lawyer charge?

Lawyers can charge a fee to help you appeal the VA decision on the basis of disability. However, the law currently prohibits lawyers from charging fees for assistance with a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits through an appeal. These fees are usually paid out of any lump-sum payments you receive from the VA.

Veterans may locate accredited representatives using the VA's searchable database for accredited attorneys or claims agents. These individuals have been certified by the Department of Veterans Affairs to represent service members, veterans and their dependents as well as survivors in a variety of matters such as disability compensation and pension claims.

Most disability advocates for veterans are paid on the basis of a contingent. This means that they are only paid if they win the appeal of the client and get back payments from the VA. The amount of backpay that is granted can differ but it could be as high as 20 percent of a claimant's past due benefits.

In rare instances attorneys or agents may choose to charge on the hourly basis. This is not common for two reasons. These issues can take months or years to be resolved. In addition, the majority of veterans and their families are unable to afford to pay on an hourly basis.