10 Healthy Veterans Disability Case Habits

Veterans Disability Litigation

Ken assists veterans in obtaining the disability benefits they deserve. Ken assists his clients at VA Board of Veterans 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 by denial of their disability claims.

What is a VA Disability?

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

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

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

A majority of the conditions that allow veterans for disability compensation are described in the Code of Federal Regulations. Certain of these conditions however require an expert's opinion. A skilled lawyer with years of experience can assist clients in obtaining this opinion and provide the proof needed to support the claim for disability compensation.

Sullivan & Kehoe is experienced in representing tulsa veterans disability lawsuit with disabilities claims and appeals. We are committed to helping our clients obtain the benefits they're entitled to. We have handled thousands disability cases and are conversant with the complexities of VA laws and procedures. Our firm was established by a disabled veteran who made fighting for cedar hill veterans disability lawyer' rights a major part of his practice after he successfully represented himself at an appeal to the Board of Veterans Appeals hearing.

How do I make a claim?

First, veterans need to locate the medical evidence that supports their disability. This could include X-rays, doctor's reports, as well as any other documentation related to the veteran's condition. It is crucial to provide these records to VA. If a veteran doesn't have these documents, the VA should be notified by the claimant (or their VSO).

The next step is to file an intent to file. This is a form that allows the VA to begin reviewing your claim before you have all the medical records that you require. The form also keeps the effective date of your compensation benefits if you have a successful case.

The VA will schedule your medical exam once all of the information has been received. The VA will schedule an examination in accordance with the amount of disabilities you have and the type you claim. Attend this exam as missing it could delay the process of your claim.

Once the tests are complete After the examinations are completed, the VA will examine the evidence and give you a decision packet. If the VA decides to deny the claim, you have a year to request a more extensive review.

At this moment, a lawyer will assist you. Accredited lawyers from VA can be involved in appeals from the beginning, which is a huge advantage for those who are seeking disability benefits.

How do I appeal a denial?

The denial of disability benefits to veterans can be a source of frustration. The VA offers an appeals procedure to appeal these decisions. The first step is to submit the Notice of Disagreement to the VA regional office that sent you the Rating decision. In your notice of disagreement, you should tell the VA why you are not happy with their decision. You don't have to include all the reasons, but you should mention all the points you disagree with.

You should also request your C-file, or crystal City Veterans disability lawsuit claims file, so that you can see what evidence the VA used to make their decision. There are often insufficient or missing records. This can lead to an error in the rating.

When you submit your NOD, the applicant will be asked to decide if you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you'll have a higher chance of success with the DRO review DRO review than with the BVA.

If you are subject to an DRO review, you have the option of asking for a personal hearing before 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 results in an entirely new Rating Decision. You may also decide to have the BVA in Washington examine your claim. This is the most lengthy appeals process, and it could take up to three years to reach an appeal to be heard.

How much does an attorney charge?

A lawyer may charge a fee if appeal the VA decision regarding a disability claim. However, current law prohibits lawyers from charging fees to assist when submitting a claim. The fee is only payable in the event that the lawyer wins your case or increases your benefits through an appeal. The fees are typically paid out of any lump-sum payment you receive from the VA.

Veterans may be able find accredited representatives through the VA's searchable database that lists certified attorneys or claims agents. These individuals have been approved by the Department of Veterans Affairs to represent service members, veterans or their dependents in a range of issues such as disability compensation and pension claims.

The majority of veterans' disability advocates are paid on a contingency basis. They only receive compensation when they are successful in defending their client's case, and also receive back pay from VA. The amount of backpay awarded can vary but can be as high as 20 percent of the claimant's past due benefits.

In rare instances an attorney or agent may choose to charge an hourly fee. But, this isn't common for two reasons. First, these issues are usually time-consuming and can drag on for months or even years. The second reason is that many veterans and their families don't afford an hourly fee.