15 Veterans Disability Case Benefits Everyone Should Be Able To

veterans disability lawyer Disability Litigation

Ken counsels veterans of the military to assist them in obtaining the disability compensation they are entitled to. He also represents clients at VA Board of Veterans Appeals hearings.

The Department of Veterans Affairs discriminated against Black veterans for decades, generally denying their disability claims as per an action 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 provided to veterans suffering from service-related disabilities is determined on their disability rating. The rating is based on the severity of the injury or illness and can vary from 0% to 100% in increments of 10% (e.g., 20%, 30% etc). The compensation is not subject to tax and provides a minimum income to the disabled veteran and his family.

VA provides additional compensation through other programs, for example individual unemployment, clothing allowances as well as prestabilization and hospitalization car allowances, 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 disability law firms special credits to increase their lifetime earnings for retirement or disability benefits. These extra credits are called "credit for service."

Code of Federal Regulations lists many of the conditions which can qualify a veteran for disability compensation. Certain of these conditions, however require the opinion of an expert. An experienced lawyer can help a client obtain this opinion and provide the evidence needed to prove the claim for disability compensation.

Sullivan & Kehoe is experienced in representing disabled veterans claims and appeals. We are committed to ensuring that our clients receive the disability benefits that they are entitled to. We have handled thousands disability cases and are well-versed with the complexities of VA regulations and laws. Our firm was established in 1996 by a disabled vet who, after successfully representing himself at an appeals hearing before the Board of Veterans Appeals Hearing and gaining the support of veterans, made the rights of veterans an important aspect of his work.

How do I submit a claim?

Veterans need to first collect the medical evidence to prove their impairment. This includes X-rays and doctor's reports, as well in any other documentation related to the condition of the veteran. Providing these records to the VA is vital. If a veteran doesn't have these documents, they should be given to the VA by the claimant or their VSO (veteran service organization).

The next step is the filing of an intent to file. This form lets the VA review your claim even before you have all the required information and medical records. It also preserves your date of effective for benefits if you win your case.

The VA will schedule your appointment after all the required details have been received. This will depend on the amount and type of disability you claim. Make sure that you take this exam, as should you miss it and fail to take it, it could hinder your claim.

Once the tests are complete, the VA will examine the evidence and send you a decision packet. If the VA denies your claim, you have one year from the date of the letter to request a more thorough review.

At this stage, a lawyer is able to assist you. Lawyers who are accredited by VA can now be involved in the appeals from the beginning which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

Denial of benefits for disability suffered by veterans can be frustrating. Thankfully that the VA has an appeals procedure for these decisions. The first step is to send the Notice of Disagreement to the VA regional office who sent you the Rating decision. In your Notice of Disagreement, veterans disability Law firms you must explain to the VA the reasons why you did not agree with their decision. It is not necessary to list all of the reasons however, you must mention everything you disagree with.

You should also request your C-file, or claims file, so that you can determine the evidence that the VA used to reach their decision. Most of the time there are missing or incomplete records. This could lead to an error in the rating.

When you file your NOD it is up to you to decide if would like your case reviewed by a Decision-Review Officer or by the Board of Veterans Appeals. In general you'll have a higher chance of success when the DRO examines your case than if it's viewed by the BVA.

You can request a personal hearing with a senior rating expert through a DRO review. The DRO will review your claim "de novo" this means they will not accept the previous decision. This typically results in the issue of a new Rating Decision. You can also request that the BVA in Washington examine your claim. This is the longest lengthy appeals procedure and typically takes one to three years to receive an updated decision.

How much does a lawyer charge?

A lawyer may charge a fee for helping you appeal an VA disability decision. The law in place today does not permit lawyers to charge fees for assistance with a claim in the beginning. This is due to the fact that the fee must be contingent on the lawyer winning your case, or getting your benefits increased through an appeal. These fees are usually paid directly from any lump-sum payments you receive from the VA.

Veterans are able to search the database of attorneys who are accredited or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents in a range of issues including pension and disability compensation claims.

Most disability advocates for veterans are paid on an ad-hoc basis. They only get paid when they succeed in winning their client's appeal and they are also paid back from VA. The amount of backpay given can be different, but it can be as high as 20 percent of the claimant's past-due benefits.

In rare instances, an agent or lawyer might choose to charge an hourly rate. However, this is uncommon for two reasons. These matters can take months or veterans Disability law Firms years to be resolved. Additionally, many veterans and their families are unable to afford to pay on an hourly basis.