Say "Yes" To These 5 Veterans Disability Case Tips > 자유게시판

Veterans Disability Litigation

Ken assists veterans in navigating the system to assist them in obtaining the disability compensation they are entitled to. He is also a lawyer for his clients at VA Board of veterans disability lawsuit Appeals Hearings.

According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week The Department of Veterans Affairs discriminated for decades against Black veterans disability case disability compensation (my website) by discriminating against their disability claims.

What is what is VA Disability?

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

VA offers additional compensation through other programs, such as individual unemployment, clothing allowances prestabilization and hospitalization, car allowances, and hospitalization allowances. These benefits are in addition to basic disability compensation.

The Social Security Administration also gives veterans special credit that they can utilize to increase their lifetime earnings and qualify for retirement or disability benefits. These additional credits are referred to as "credit for service."

Code of Federal Regulations lists numerous conditions that can qualify a veteran for disability compensation. Some of these conditions, however require the opinion of an expert. An experienced lawyer can assist a client to obtain this opinion and provide the proof needed to support the claim for disability benefits.

Sullivan & Kehoe has extensive experience representing veterans in disability claims and appeals. We are dedicated to assisting our clients to receive the benefits they're entitled to. We have handled thousands of disability cases and are conversant with the complexities of VA rules and regulations. Our firm was created by a disabled veteran who made fighting for veterans disability case rights a key part of his practice after he successfully represented himself in a Board of Veterans Appeals hearing.

How do I submit a claim?

The first step is to track down the medical evidence to prove their disability. This includes X-rays and doctor's reports as well in any other documentation related to the condition of the veteran. It is important to provide these records to VA. If a veteran does not have these documents, they should be provided to the VA by the claimant or their VSO (veteran service organization).

The next step is to file an intent to file. This form lets the VA examine your claim even before you have all the required information and medical records. This form also protects the date of effective compensation benefits in case you have a successful case.

The VA will schedule your medical exam once all of the details have been received. The VA will schedule an examination based on the severity of your disability and the type you claim. If you fail to attend this test, it could delay the process of your claim.

The VA will provide you with a decision package when the examinations have been completed. If the VA refuses to accept the claim you'll have a year to request a higher level review.

A lawyer can help you 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 an enormous benefit for those seeking disability benefits.

How do I appeal a denial?

Denial of veterans disability claim disability benefits can be a very frustrating experience. Fortunately the VA has an appeals process for these decisions. The first step is to make a Notice of Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice of Disagreement, you have to tell the VA why you disagree with their decision. It is not necessary to list every reason, but you should be clear about the issues you don't agree with.

It's also important to request your C-file (claims file) so that you can review the evidence the VA used to make their decision. Sometimes there are no or insufficient records. In certain cases this could result in an error in the rating decision.

When you submit your NOD you must choose whether you prefer to have your situation considered 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 reviews your case, veterans disability compensation compared to if it's reviewed by the BVA.

With a DRO review you have the option of asking for a personal hearing before a senior rating specialist. The DRO will conduct a review of your claim on a "de novo" basis, which means that they will not give any deference to the previous decision. This usually results in a new Rating Decision. You can also choose to request that the BVA in Washington examine your claim. This is the most time taking appeals route and typically takes between one and three years for an updated decision.

What is the cost an attorney could charge?

A lawyer could charge a fee for helping you appeal an VA disability decision. However, current law prohibits lawyers from charging for assistance with a claim. The fee is only due in the event that the lawyer wins your case or increases your benefits by filing an appeal. The fees are typically paid out of any lump-sum payments you receive from the VA.

Veterans may find accredited representatives via the VA's searchable database for accredited attorneys or claims representatives. These people have been accredited by the Department of Veterans Affairs to represent service members, veterans, dependents, Veterans Disability Compensation or survivors in a range of issues including pension and disability compensation claims.

Most veterans' disability advocates are paid on an hourly basis. They only get paid when they succeed in winning their client's appeal and also receive back pay from VA. The amount of back pay that is granted varies, but could be as high as 20 percent of the claimant's total benefit award.

In rare instances lawyers or agents could decide to charge an hourly rate. This is uncommon due to two reasons. These matters can take a long time to be resolved. In addition, the majority of veterans and their families can't afford to pay on an hourly basis.